Legal Question in Personal Injury in California

The guy in the parked car is at fault. He was in violation of Vehicle Code section 22517 which states:

"No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

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You are not at fault, the peson in the car should have looked to see if you were there. I have done and have been sucessful in several of these types of cases.

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As noted above, the driver or passenger must make sure it is safe to open the door before doing so. That person was at fault for any injuries or damages. I hope this helps. Bob.