Who is at fault for this accident?

[Anonymous]

Anonymous wrote: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.

The door was already open, but again with the weird angle of the intersection he may not have seen it until it was too late.

[Anonymous]

Anonymous wrote:You’re at fault. He didn’t hit your car. You hit his car.

This

[Anonymous]

Anonymous wrote: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.

paralyzation is caused by an injury to the spinal cord. Wearing a helmet wouldn’t have changed that—that prevents head injuries (which could cause you to have the functioning of an6 year old for example). That said, I think it’s common sense to wear a helmet, and like jerry Seinfeld says, a head that doesn’t want to protect itself is a head not worth saving.

[Anonymous]

Pay for the mirror and don't go through insurance.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You’re at fault. He didn’t hit your car. You hit his car.

This

Well actually, according to OP's update, he DID hit her car. The door was already open.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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.

The door was already open, but again with the weird angle of the intersection he may not have seen it until it was too late.

THE PLOT THICKENS.

[Anonymous]

Sounds like OP new the car was passing when the door was opened? But even then, I think fault could be less clear than people think. How much clearance did the driver have to work with? Was the street empty after the passing car? If you park on a busy street, just how long can you be required to be held hostage in your car? On interstates passing cars are required to move over a lane if able to in many states. Drivers are expected to be attentive to potential hazards (remember the driver's ed videos of people getting out of parked cars and delivery trucks approaching from alleys and children chasing balls? ) It's entirely possible that if insurance companies were involved they would negotiate 50-50.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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.

paralyzation is caused by an injury to the spinal cord. Wearing a helmet wouldn’t have changed that—that prevents head injuries (which could cause you to have the functioning of an6 year old for example). That said, I think it’s common sense to wear a helmet, and like jerry Seinfeld says, a head that doesn’t want to protect itself is a head not worth saving.

You can be a quad due to head injury without spinal injury (although that makes me wonder if a severe enough head injury would almost necessitate a spinal injury at the same time), although pp probably would have said vegetative state or something as opposed to quad.

[Anonymous]

Anonymous wrote:

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.

You’re not a bad person. Everyone has accidents. You don’t need to rationalize or justify anything. Your adding additional details is why this thing has gone off track.

You’ve gotten the answer about who is at fault. Buy him a new mirror and then the slate is wiped clean.

[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).

not the same. He should have seen her standing there. OP suddenly opened her door into his right of way she is at fault.

[Anonymous]

Unless you have a radar detector that shows his speed you cannot say he was going too fast. It’s your opinion only. You are at fault.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: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.

The door was already open, but again with the weird angle of the intersection he may not have seen it until it was too late.

THE PLOT THICKENS.

Also, the story is changing from a car passing as OP opened her door (in the original post) to her door was already open before he passed her.

OP, it’s not at all unusual for the details to be muddled when we’re not 100% sure what happened after a sudden, shocking event. Details are probably becoming clearer to you with each retelling of the story and each new question, but that’s your brain trying to fill in the missing details and it’s normal. Maybe not accurate, but normal.

[Anonymous]

You are at fault, I wouldn't involve insurance if I could to pay for it out of pocket

[Anonymous]

If you don’t realize you were at fault you should have your license revoked.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: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.

The door was already open, but again with the weird angle of the intersection he may not have seen it until it was too late.

THE PLOT THICKENS.

Also, the story is changing from a car passing as OP opened her door (in the original post) to her door was already open before he passed her.

OP, it’s not at all unusual for the details to be muddled when we’re not 100% sure what happened after a sudden, shocking event. Details are probably becoming clearer to you with each retelling of the story and each new question, but that’s your brain trying to fill in the missing details and it’s normal. Maybe not accurate, but normal.

Yes, the details are becoming clearer as you retell the story many times. Keep retelling it and soon the other driver will have been totally at fault with you just being an innocent bystander.