Who is at fault for this accident?

[Anonymous]

You are at fault and you should be glad it was not worse. Always check before opening doors. Had a cyclist or a scooter gone by, you coukd have made them crash in the street.

[Anonymous]

Funny that everybody is jumping on OP's throat where I suspect that OP really doesn't care who is at fault when the issue is about which route to go--insurance or no.

[Anonymous]

OP, you got lucky. I was riding my bike once and somebody opened their car door. I wasn't going too fast but I did get a booboo when the door opened and stopped me cold.

[Anonymous]

Anonymous wrote:Funny that everybody is jumping on OP's throat where I suspect that OP really doesn't care who is at fault when the issue is about which route to go--insurance or no.

Did you read the subject?

[Anonymous]

Anonymous wrote:OP, you got lucky. I was riding my bike once and somebody opened their car door. I wasn't going too fast but I did get a booboo when the door opened and stopped me cold.

I've known bikers who were seriously injured or killed by drivers opening doors.

[Anonymous]

Anonymous wrote:Did you practice due diligence by looking before opening your door into traffic?

Was the driver going at or below the speed limit?

Strict liability at play.

This is like the case where the dump truck was charged of involuntary manslaughter when he sideswiped a mom standing next to the minivan buckling in her child a few years back (granted there were other circumstances involved).

I don't think you know what strict liability means.

[Anonymous]

Anonymous wrote:OP since you were in VA this law looks like it's relevant. Lots of people don't look before getting out of parked cars. It's a habit everyone should get into, especially when there might be bicyclists on the road.

Dooring Bill Is Now Law In Virginia
https://waba.org/blog/2016/04/dooring-bill-is-now-law-in-virginia/

I think OP needs to assess whether s/he had a reasonable opportunity to open the door when s/he did. If the other driver hit the door because s/he was speeding (and otherwise could have stopped or moved out of the way) or driving too close to the parked car, then it could still be their fault. Otherwise, it's OP's fault.

[Anonymous]

Anonymous wrote:Funny that everybody is jumping on OP's throat where I suspect that OP really doesn't care who is at fault when the issue is about which route to go--insurance or no.

How is it jumping down OP's throat by...literally answering the question that she asked? OP asked who was at fault. Answer: OP.

[Anonymous]

OP here. I looked but obviously didn’t see him. It was on the corner at a wonky intersection where cars come at an angle and arguably he was going a bit fast. As someone said, I don’t really care whose fault it is morally because of course I know that I am a contributor here. I was more wondering who would be legally at fault since I have boys of my own and he seemed like a nice kid and I hate to cost him a ton in insurance.

[Anonymous]

A colleague of mine was recently rendered a quadriplegic because a car door opened as he was going by on a scooter.

Two lessons:

1) WEAR A DAMN HELMET when riding a scooter, even though it is not always the law

2) Always, always, always check your surroundings before opening a car door, especially when you are opening your door into the street.

[Anonymous]

Anonymous wrote:You are; you should have looked before making an less-predictable move. He was making an entirely predictable move by driving the correct way down the street. He had no way of knowing a car door was going to open.

Agree.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Funny that everybody is jumping on OP's throat where I suspect that OP really doesn't care who is at fault when the issue is about which route to go--insurance or no.

How is it jumping down OP's throat by...literally answering the question that she asked? OP asked who was at fault. Answer: OP.

Yep!

[Anonymous]

Anonymous wrote:OP here. I looked but obviously didn’t see him. It was on the corner at a wonky intersection where cars come at an angle and arguably he was going a bit fast. As someone said, I don’t really care whose fault it is morally because of course I know that I am a contributor here. I was more wondering who would be legally at fault since I have boys of my own and he seemed like a nice kid and I hate to cost him a ton in insurance.

It seems like you do care who is at fault since you’ll only cop to being “a contributor,” and after every single poster says you’re at fault, you add that “arguably he was going a bit fast.” You never saw him until your door and his side mirror made contact, and then, presumably, he hit his brakes. You have no idea how fast he was going.

[Anonymous]

If you’re door was already open when the cars touched, then he was. But if you opened the door without looking (or incorrectly estimating the space available), then you are.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. I looked but obviously didn’t see him. It was on the corner at a wonky intersection where cars come at an angle and arguably he was going a bit fast. As someone said, I don’t really care whose fault it is morally because of course I know that I am a contributor here. I was more wondering who would be legally at fault since I have boys of my own and he seemed like a nice kid and I hate to cost him a ton in insurance.

It seems like you do care who is at fault since you’ll only cop to being “a contributor,” and after every single poster says you’re at fault, you add that “arguably he was going a bit fast.” You never saw him until your door and his side mirror made contact, and then, presumably, he hit his brakes. You have no idea how fast he was going.

I included the detail that he was going a bit fast to explain why it was even a question since a lot of people were questioning why I was even bothering to ask what seemed an obvious question to them. You can vilify me if you want but what is the point? I was asking for advice, sounds like there is consensus. Does there also need to be consensus that I am a bad person? Not every situation has a bad guy.