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A Chinese woman was hit after opening her car while parking on the roadside. The insurance company originally ruled that she was fully responsible, but after an appeal, this was changed to place 50% responsibility on both parties. The incident also highlighted the California legal principle that you must confirm safety before driving.
When parking on the roadside, the vehicle is parked on the roadside to facilitate the elderly to get on and off the vehicle. The door opens and a passing vehicle collides with the car. who is responsible? Parking the car on the roadside and opening the door can lead to a car accident.Sugar The car owner was initially held fully responsible, but after filing a complaint the verdict was unexpectedly changed to half-responsible. The person involved was very happy, but his friends around him were unable to understand anything.
Ms Lee from Azusa CityTemple I was having dinner with friends. To make it easier for the elderly accompanying me to get into the car, I moved the car parked on the side of the road a little towards the carriageway and opened the driver’s and passenger’s doors. As a result, a car passing by collided with the driver’s door. Vehicles on both sides were damaged, but fortunately no one was injured.
After the accident, several friends present and Ms. Li’s son, who is a lawyer, believed that she was responsible because she had parked the car in a prominent location and opened the car door. Both actions caused disruptions to vehicles moving straight through. It was also night time, the street lights were dim, and there were no traffic lights or other stop signs nearby. Vehicles going straight had a reason to “proceed bravely”. In a few days,Insurance After the verdict, it was ruled that Ms. Li was 100% responsible for the car accident.
“Although I opened the car door, he should have seen it when he was coming from behind and should have proceeded carefully.” Ms. Li was dissatisfied with the insurance company’s decision. She believed that “at least the other party also has some responsibility.” On the third day after filing the complaint, she received a reply from the insurance company that the verdict had been changed: both parties were responsible in the car accident, and each received a 50-yuan fine.
Sam Lynn, manager of David Lynn Insurance Company, explained that many people believe that vehicles going straight have the absolute right of way, but if the vehicle in front is stationary, the driver of the vehicle behind is more responsible to observe the condition of the front and surrounding areas to avoid accidents.
They analyzed that although Ms. Li’s car was close to the traffic lane at that time, the driver’s door was open, and she was sitting in the driver’s seat waiting for the elderly to get in, but Ms. Li did not start the car or suddenly change lanes. From this perspective, drivers of passing vehicles also have a responsibility to pay attention to the road conditions ahead. Sam Lynn gave an example. Trucks like Amazon and UPS often stop by the roadside to deliver goods. Drivers following behind must still pay attention to the situation ahead and slow down or stop in time. For example, if the vehicle in front brakes suddenly, the vehicle behind usually has the responsibility to maintain a safe distance and avoid a collision.
However, he said that if the door suddenly opens while other vehicles are moving, the situation could be completely different. “If the other party’s car has already passed and you suddenly open the door so that the other person does not have time to react, it is the responsibility of the person who opened the door.”
In other words, whether the door has been opened too early, whether the driver behind has the opportunity to detect and avoid it, and whether the door suddenly enters the driving space are all important factors in determining liability for an accident.
Sam Lynn said that insurance companies’ decisions on car accident claims are generally based on the arguments and evidence provided by both parties, both of which can influence the insurance company’s final determination. Insurance companies also exchange information and coordinate opinions among themselves. If the public objects to the insurance company’s decision, they can file an appeal, and the insurance company will usually consider it seriously. Ms. Lin got completely different decisions this time, which is a good thing.
Less responsibility does not mean doing the right thing
Lawyer Deng Hong said that California vehicle law states that the safety of the vehicle must be confirmed before driving; The door cannot be opened longer than necessary for passengers to enter and exit.
The law states that the driver or passenger cannot arbitrarily open the door at the side of the carriageway without confirming safety. If the door blocks the normal passage of passing vehicles it may be illegal to open it. For example: after parking on the side of the road, suddenly opening the car door without checking for oncoming traffic; or opening a car door to invade the driving space, making it impossible for passing vehicles to pass safely; Or opening the door without paying attention to oncoming cars or bicycles, all of which are opened without confirming safety.
This regulation controls not only the moment when the door is opened, but also the continued opening of the door after it is opened. For example, when passengers board a bus it is usually necessary to open the door for a short period of time; But if the door is left open for a long period of time and the driving space is occupied before passengers board the bus, legal liability may arise.
However, Deng Hong also said that the regulations do not stipulate that as long as the car door is opened and killed, the person who opened the door must bear full responsibility. Liability for an accident still depends on the parking conditions, the time the car door was opened, whether both parties had the opportunity to detect the danger, and other relevant evidence. For drivers parking on the roadside, confirming the rear safety before opening the door and preventing the door from occupying the driving space for a long time are important ways to reduce the risk of accidents.
