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CA resident. Double parked and opened door an inch and was hit by a speeding driver. Who is at fault?
Anonymous3 views6 answers
I double parked and had my hazards flashing. Before I opened my door, I checked to make sure it was safe. I placed my hand on the door and it was slightly ajar- only an inch or two when a speeding driver hit my door and caused substantial damage. The driver was speeding and I also believe the driver was distracted- had a dog in the car and I think she was on her phone as well. I have witnesses that state she was speeding and I think she would have hit my care even if my door was closed. Since I opened my door a couple of inches, the insurance company is saying I am responsible for the accident. I believe I should only be 50% responsible. What is your opinion?
You double parked. Was that legal where you were? Could you have gotten a ticket? Good luck fighting the insurance company. Proving speed and distractions s not easy and I dont think it will get you anywhere.
Always check local counsel. I say you have more negligence based on these brief facts.
Double parking likely means that you assumed the risk of dangers coming down the road. If you assume the risk, you can't really sue someone for doing something wrong. It may not have anything to do with you opening the door, it probably has more to do with where you were parked.
If you think that the insurance company isn't doing what you want, get in touch with a local attorney using the Find a Lawyer button on the top of the page.
V C Section 22517 Opening and Closing Doors
Opening and Closing Doors
22517. 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 upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Amended Ch. 162, Stats. 1963. Effective September 20, 1963.
