Who's At Fault?

[silkphoenix]

Hi there, I was recently involved in an accident and I just wanted some advice as to who is at fault here. I live in California, I was sitting in the grocery store parking lot, my passenger opened her door and the lady pulling into the spot next to me hit it. At the time, I apologized for the accident and she assumed I meant I was accepting blame for the whole thing. I would just like to know who is at fault here.

Please let me know what you think. Thanks for looking.

[racer72]

Your passenger is at fault. The door should not have been opened till it could have been done safely.

[silkphoenix]

The passenger in my vehicle was a child and when she started opening the door, the coast was clear. The lady came whipping into the parking spot at about 15-20 miles per hour and it's my responsiblity?

[MandyD]

Color me surprised that more was added to the original story.

Do you have any idea how fast 15-20 mph really is and do you really think any of us will believe that someone was going that fast pulling into a parking space? Now that we know it was a child, it just cements in my mind your responsibility. Children rarely look before they open car doors.

[silkphoenix]

Yes, I am aware how fast 15-20mph is and I really don't care what you believe. It was a horizontal parking spot off of the main drive in the lot. People pull into the spots at faster speeds more often then not. Being in the car with her, I happen to know for a fact that she was careful opening the door. Thanks for your opinion. I'm still seeking others. Anyone?

[tranquility]

Actually, you don't know how fast 15-20 miles an hour is. A car cannot stop from that speed in the distance of a parking space. So, don't get all snippy when someone points out your obvious error.

Now to your question. The answer is, "it depends." The facts would be determined by a court/jury and then they would assess blame. California is a "pure" comparative negligence state, which means any fault on the part of a party will reduce the damages they may collect.

You'll claim the other driver was talking on the cell phone and driving too fast while eating a cheeseburger after having a beer or five at the local eatery and the other driver will claim your child, who has been in and out of jail since age two, waited until the car was at just the right point and then opened the door to purposely hit her car. The court will come to a conclusion to what happened and assess a percentage blame. Each person will prove up her damages and the percentage will be applied.

I believe California has an apology statute. This prevents a statement by a party from getting into evidence if it is a simple expression of sympathy for the situation or the other person. However, if the apology admits fault, the statute will not apply. More information would be needed about what was said. I'm sure you said, "Sorry for the inconvience." but she will say you said, "It was all my fault. I knew my child was going to do this again--in fact her probation officer told me to keep her in the back with the child proof latch set. I'm so sorry, let me pay for everything as it was clearly my fault."

Yet another fact to discover for the court.

[Zigner]

Originally Posted by silkphoenix

Yes, I am aware how fast 15-20mph is and I really don't care what you believe. It was a horizontal parking spot off of the main drive in the lot. People pull into the spots at faster speeds more often then not. Being in the car with her, I happen to know for a fact that she was careful opening the door. Thanks for your opinion. I'm still seeking others. Anyone?

To be honest, I sympathize with you. Assuming the facts are exactly as you state them, then it might be possible to convince a judge that your passenger was not at fault. Unfortunately, it is quite likely that your perception of the incident is not quite the way it happened (human nature).
Even harder still will be overcoming the testimony of the other driver as to how she pulled carefully in to the spot after assuring there was ample room and it was safe to do so - when suddenly, the unsupervised child in the passenger seat of the car next to her threw the door open giving her absolutely no time to stop before the impact.

See what I'm getting at...?

[silkphoenix]

I appreciate the advice but for the most part, this was a lesson in futility. Next time I want to be browbeaten and called a liar, I'll just call the woman herself. She was really good at doing both.

I'm going to seek the advice of someone qualified to give it.