Who's to blame if a passenger opens a car door and causes damage?

Car_54

Johno100 wrote: »

On the potential criminal liability side of things, if this is anything to go by then the driver may be liable for the action of his/her passenger(s)



http://metro.co.uk/2017/06/06/taxi-driver-fined-300-after-passenger-door-pushed-cyclist-into-path-of-drink-driver-6689105/

Both driver and passenger appear to have committed an offence:

"No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person." [C & U Regs 1986, section 105].

Johno100

Car_54 wrote: »

Both driver and passenger appear to have committed an offence:

"No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person." [C & U Regs 1986, section 105].

Yes, but it is interesting that a similar approach isn't taken re seatbelt offences where it is the adult passenger who solely commits the offence.

Retrogamer

Who ever opens the door is liable (IMO) but usually the vehicle's insurance policy will pay out, even if it is a passenger that does it.

Car_54

Johno100 wrote: »

Yes, but it is interesting that a similar approach isn't taken re seatbelt offences where it is the adult passenger who solely commits the offence.

Interesting, perhaps, but not relevant in the present case.

I'd suggest that parliament took the view that the non-seatbelt-wearing passenger was mainly endangering only himself.

unholyangel

Johno100 wrote: »

On the potential criminal liability side of things, if this is anything to go by then the driver may be liable for the action of his/her passenger(s)



http://metro.co.uk/2017/06/06/taxi-driver-fined-300-after-passenger-door-pushed-cyclist-into-path-of-drink-driver-6689105/

In the case you link, the driver isn't being held liable for his passengers negligence, they're being held liable for their own negligence. He stopped on double yellow lines where there was an increased risk of danger rather than the designated drop off zone.

As I said, drivers only liable if they're negligent themselves.

Retrogamer wrote: »

Who ever opens the door is liable (IMO) but usually the vehicle's insurance policy will pay out, even if it is a passenger that does it.

Only if their policy covers third party liability by passengers - not all policies do, some may only cover injury to the passenger themselves rather than damage/injury the passenger causes to another.

Strider590

The car should not have been parked facing oncoming cars and the driver should always make sure it's safe for passengers to exit the vehicle.

Now I know what's going to happen, someone is going to pick that apart so:

The highway code makes the distinction of not parking at night facing the wrong way, but this is because:
a) there are no reflectors of the front of the vehicle
b) typical headlight beam is raised to the left meaning it would dazzle oncoming drivers
c) pulling out from parked, the driver would not be able to see oncoming cars until their car was actually half way out.

It's safe to assume that even if you park in daylight, once it becomes dark your actually parked illegally, therefore drivers shouldn't really do it in the first place.

Aside from the parking legality, there have also been cases where cyclists in cycle lanes have been hit by passengers opening car doors and in those cases the driver was held accountable.

Laz123

It's the person who opens the door because they didn't ensure their actions could result in an accident. This problem is the reason there's a campaign for people in cars to open the door using their opposite hand as that causes them to turn round and allows them to view any potential hazards.

Le_Kirk

seatbeltnoob wrote: »

....... only way to make an open and shut case is to have a dashcam.

Oh the irony!

Car_54

unholyangel wrote: »

As I said, drivers only liable if they're negligent themselves.

But the driver has commited a criminal offence by permitting the passenger to open the door. Doesn't that suggest that the driver is always negligent?

Warwick_Hunt

Car_54 wrote: »

But the driver has commited a criminal offence by permitting the passenger to open the door. Doesn't that suggest that the driver is always negligent?

No, you'd need to prove the driver permitted the offence. They may not even be in the car.