improper opening of cqr door

[lanin]

What is the name of your state?or
I parked my small car on a street proceeded to open my door and look back and an elderly lady plowed into my door. I did not know there was a law. I call the police cause of the damage and the cop writes me a ticket now that puts me at fault. I pleaded Not guilty and am set for trial. The cop said any time the door opens it your fault. My door was barly open. I since have parked my car in the same place and school buses have passed with plenty of room.The lady was on meds and the cop didnt make it qan issue. She was going to fast and not looking and .way to the right. I read the law and it says as long as it is safe. Shouldn't the driver have the responsibilty of of proper driving. The message I felt is dont call a cop you wont get a ticket and if you want insurance money just aim for people's car door.Can i win

Your responsible to open your door when its safe. Your lucky you werent hurt.

[CdwJava]

The fact that the door was hit by a passing motorist is prima facie evidence that your opening of the door was NOT safe. The fact that a driver COULD have dodged the door is not relevant. The fact that you opened the door in to a traffic lane is all that matters.

Sorry, there doesn't seem to be much hope here.

The good news is that insurance companies and civil courts don't always really care what the law says. Insurance companies often assign fault by their own formula and they could easily find you both equally at fault even if per the vehicle code you are guilty.

- Carl

[lanin]

Oregon Can I argue safe. The parking spot has marks for a parked vehicle my door was in the lines. The police report took over an hour and I was not asked to move the vehicle that now had part of the open door because after being hit it wouldnt close.Cars passed and there was planty of room no one crossed the yellow line If the parking place is marked shouldn't the driver avoid driving where cars park.

[CdwJava]

Again, it doesn't matter what happene dafterwards or even if cars COULD pass safely. If the law in Oregon is similar to what it is in California, opening a car door into traffic is against the law. Period. The fact that a car traveling within its lane struck the door is prima facie evidence that it was unsafe.

- Carl