Legal Question in Personal Injury in California

A car that was parked open the door as I pass by. Who's fault is that? She told me she didn't see me coming, but I know she didn't check. Her excuse was she didn't see me cuz I made a right turn onto where she was park. On this side of the street before the exit.entry way to an elementary school, you can only park at most 3 vehicles parrallel to the curb. Her vehicle was at the 1 or 2nd spot as I pass by, but the 3 spot. I thought she has plenty of time to see me coming. She make an excuse that it is my fault and it isn't hers because I made a right turn I see didn't see me coming cuz the turn and where she park her car is such a short distance. I was driving between 15 and 20 miles. It is in the school zone. It happen almost right in front of the driveway of the school(this is where the front of the school is located) . Her car didn't have much damage, except to the rim of her car door. My car has damage from my front bumper to the rear bumper. I didn't see her swinging her door opening .Had I seen, it I would have avoided it for sure. . My insurance agent told me it is hard to know who is at fault. He said just because someone swing open their door onto oncoming traffic doesn't mean he is automatically at fault. So my question is, if I am at fault, then I will have to keep looking to the right side of my vehicle scanning for people that may open their door on me??? This doesn't sound right to me cuz I need to be scanning what is in front of me from side to side. I hope I am not confusing to you. Thanks a lot for allowing me to ask such questions.


Asked on 1/12/13, 12:03 am

1 Answer from Attorneys
Robert Kubler The Kubler Law Firm

You can open your door when its safe and reasonable to do so and only so long as to load or unload a passenger. BUT she is at totally at fault because its unlawful to open the door and interfere with traffic. The fact she hit your car is evidence of that.

You are right you should not have to anticipate a person will open their car door as you drive past. A person is entitled to expect people will follow the law. You're not negligent she was. If you have trouble with the insurance company contact a lawyer. Also file your damage report with the DMV as soon as possible.

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Answered on 1/12/13, 8:15 pm


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