Collision With Open Car Door: Who is Responsible?

Q.

Who is most likely to be held responsible for a car colliding with an opened driver's door - legally parked on a town road?
The parked car or the moving car?

A.

Who is at fault in this situation really depends on the circumstances, although it is generally assumed that the person who hit the door is at fault as it can be argued that they were driving without 'due care and attention' if they didn't see it in enough time to stop.

However, the onus also sits on the driver or passenger in the car to make sure that the area around their car is clear before they open any doors, whether it be to get out of the car or put shopping, or a child inside. Section 239 of the Highway Code states that you should ensure that you do not hit anyone when you open your car door and that you should check carefully for cyclists or other road users/pedestrians before you do so.

So if you open your car door without looking and a passing driver hits it, then it is likely to be you that will take the blame for the collision. However if you open your car door with no traffic around and another driver comes along and hits it, then you can argue that they were not driving with due care and attention because they didn't see the door open in time to stop. Drivers are expected to apply hazard perception techniques when they are driving and so should be on the lookout for dangerous scenarios, such as animals in the road, pedestrians and open car doors.

The difficulty comes with proving what happened. If you hit another driver's door, or you are the one who finds your vehicle has been hit, then the best thing you can do is try to find an independent witness who saw what happened. Without witnesses, it will be difficult to prove that the door wasn't opened onto the passing car, thus causing the collision.

Although not always possible, the best thing you can do to avoid your car door being hit by another car is to make sure that you get in and out of your car, and put things in and out of it from the off-roadside doors, rather than the side that opens out onto the road. Remember to look out for pedestrians though!

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