Determining fault in an accident where someone gets hit while getting out of a car is a complex matter. It is necessary to examine the behavior of the driver and the person exiting the vehicle.
Traffic laws and the specific circumstances of the incident can affect the outcome of an investigation as well. Understanding all of these aspects helps in determining who bears responsibility.
Can the person exiting their car be responsible?
The person getting out of the car must ensure it is safe to do so. This involves checking mirrors and blind spots to ensure no oncoming traffic or cyclists are approaching. Failing to do so can make the person partially or fully responsible for the accident. Pedestrians and passengers must always exercise caution when exiting a vehicle, especially on busy streets.
When is the driver at fault?
Drivers have a constant duty to be aware of their surroundings and to drive carefully. They must anticipate potential hazards, including the possibility of someone opening a car door. If a driver fails to notice a person exiting a vehicle due to speeding, distracted driving or not paying attention, the driver could be at fault. Drivers must remain vigilant, especially in areas where cars might park along the street.
How do traffic laws factor in?
Many areas have specific laws, such as Delaware legal code § 4190, that address how and when a person should open a vehicle door. These laws often require individuals to ensure that it is safe before opening the door. In some places, it is illegal to open a car door into traffic unless it is safe to do so. Violation of such laws can significantly impact the determination of fault.
Everyone must exercise due caution in situations where an opening car door might cause a car accident. If you suffer injury or damage in such an accident, you have options for asserting your innocence and proving the other party’s negligence.