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re: Traffic Accident - Who's Fault?

Posted on 6/30/15 at 1:34 pm to
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67490 posts
Posted on 6/30/15 at 1:34 pm to
Which car was driven by the woman? There's your answer
Posted by wheelr
Member since Jul 2012
5147 posts
Posted on 6/30/15 at 1:39 pm to
quote:

..it's one of the reasons why I don't like pulling into a spot next to a car that had parked ahead of me.


It was the only open spot left.

I was watching to make sure he wasnt opening his door as I pulled in. He threw the door open at the last minute. Like slung the door open. Not opening the door with a hand on the handle.

You can see I tried to leave plenty of room.



Posted by marie antoinette
Member since Nov 2007
6012 posts
Posted on 6/30/15 at 1:42 pm to
quote:

it's a parking lot and you are on your own.
Posted by Chad504boy
4 posts
Member since Feb 2005
166326 posts
Posted on 6/30/15 at 1:45 pm to
OP is at fault bc he is on dubs.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 6/30/15 at 1:46 pm to
quote:

There is no fault determination in private property accidents. Hope you have full coverage.



Yep.
Posted by CootDisCootDat
St. Charles, The Community
Member since May 2014
1643 posts
Posted on 6/30/15 at 1:46 pm to
non-factory ones at that
Posted by BayouBlitz
Member since Aug 2007
15843 posts
Posted on 6/30/15 at 1:47 pm to
Why wasn't the door opener of Car A looking to see if it was clear to open the door?

Driver of Car A at fault.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 6/30/15 at 1:47 pm to
I thought that was your car at first
Posted by Adam4848
LA
Member since Apr 2006
18966 posts
Posted on 6/30/15 at 1:47 pm to
It's Car A's fault for swinging the door OVER the line if in fact Car B was in fact inside the boundaries of his/her spot.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 6/30/15 at 1:48 pm to
And I wouldn't classify this as a "traffic accident", don't get too ahead of yourself there bud.

You got body side moulding on your car?
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/30/15 at 1:49 pm to
quote:

Even though there's technically no one at fault (as others have mentioned), it's definitely Car A's "fault". You have to be responsible for what your door does. If it hits the car next to you, you either parked too close to the line, or didn't pay attention when it swung open.


This. It doesn't matter whether B is stopped or not, driver A should have been paying attention.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 6/30/15 at 1:49 pm to
Pics of 'damage'?
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 6/30/15 at 1:51 pm to
Whoever made that sketch is at fault. Car A should be Car B. A comes before B

It's called reading, you know, top to bottom, left to right. A group of words together is called a sentence. Take Tylenol for any headaches, Midol for any cramps.
Posted by VetteGuy
Member since Feb 2008
28198 posts
Posted on 6/30/15 at 2:08 pm to
Both are from Baton Rouge.
Posted by CSB
Member since May 2014
1202 posts
Posted on 6/30/15 at 2:10 pm to
quote:

There is no fault determination in private property accidents. Hope you have full coverage.


This. I've been burned by this 3 times in my life so far.
Posted by NoSaint
Member since Jun 2011
11290 posts
Posted on 6/30/15 at 2:13 pm to
quote:

Agreed. My thought is A is primary, but B should have been looking like hell for the door to fling open.


and when said door flings open into the side of your car, what was the proper evasive maneuver?
Posted by SCwTiger
armpit of 'merica
Member since Aug 2014
5857 posts
Posted on 6/30/15 at 2:14 pm to
Car B owner, upon coming to a stop, should get out of the car and pull driver of Car A out behind the cars and commence to stomp his arse. I can't stand dumbasses who have no consideration for anyone else or their surroundings. They only learn in one language:
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47615 posts
Posted on 6/30/15 at 2:18 pm to
Obama and the gays
Posted by Ignignot
Member since Mar 2009
18823 posts
Posted on 6/30/15 at 2:19 pm to
There is no fault determination in private property accidents. Hope you have full coverage.
Posted by Alt26
Member since Mar 2010
28384 posts
Posted on 6/30/15 at 2:23 pm to
quote:

The only real answer: who do I represent?


Exactly

Assuming the facts the OP presented are accurate, then I would suspect Car A would be at fault. Likely, Car A had a duty to ensure that he could perform the act of opening his door without causing damage to another's person or property. As far as I know, there is no duty for Car B to wait to enter the parking space until the person in Car A has opened his door and exited the vehicle. The exception may be if Car B observed the person in Car A open his door prior to Car B turning into the parking space.
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