Accident as I opened my door to get inside my car

[JoeCarQuestion]

On a Wednesday afternoon of 2015, in a Westchester, New York river town, my car was legally parked on a two-way commercial street. I was in a store across the street, with a friend, from about 4:10pm to 4:30pm. Then my friend and I walked across the street to my car (with the intention of getting inside and driving). I stood by the driver’s door for about a full 10 or 15 seconds (as I spoke to my friend who was standing on the sidewalk of the other side of my car). Then as I opened the door to get in, another driver came by (from around a minor curve in the road) and hit the edge of my door - missing hitting me by a matter of inches. Luckily, nobody was physically injured. But both cars had damage.

She (the other driver) called the police. When the Police Officer arrived and listened to the story, he ticketed me, filling out on the report that I “OPENED THE DOOR UNSAFELY. ” The officer said that I was 100% at fault, and the other driver was 0% at fault... This makes no sense to me.

Clearly, the other driver missed hitting me by a matter of inches. That clearly tells you she was not paying enough attention to what was on the road in front of her, and/or she was driving too fast around a curve without knowing what was coming up in front of her.

And I'll repeat: the cop did not say the other driver was 50% at fault, or even 25%. He said she was 0% at fault, and I was 100%.

Does any of this make any sense to anyone? Or does it seem as crazy to everyone else as it seems to me?
I would be very curious to read some honest and unbiased thoughts on this. And if you have any questions about further details, please just ask. Thank you.

 

[Zigner]

On a Wednesday afternoon of 2015, in a Westchester, New York river town, my car was legally parked on a two-way commercial street. I was in a store across the street, with a friend, from about 4:10pm to 4:30pm. Then my friend and I walked across the street to my car (with the intention of getting inside and driving). I stood by the driver’s door for about a full 10 or 15 seconds (as I spoke to my friend who was standing on the sidewalk of the other side of my car). Then as I opened the door to get in, another driver came by (from around a minor curve in the road) and hit the edge of my door - missing hitting me by a matter of inches. Luckily, nobody was physically injured. But both cars had damage.

She (the other driver) called the police. When the Police Officer arrived and listened to the story, he ticketed me, filling out on the report that I “OPENED THE DOOR UNSAFELY. ” The officer said that I was 100% at fault, and the other driver was 0% at fault... This makes no sense to me.

Clearly, the other driver missed hitting me by a matter of inches. That clearly tells you she was not paying enough attention to what was on the road in front of her, and/or she was driving too fast around a curve without knowing what was coming up in front of her.

And I'll repeat: the cop did not say the other driver was 50% at fault, or even 25%. He said she was 0% at fault, and I was 100%.

Does any of this make any sense to anyone? Or does it seem as crazy to everyone else as it seems to me?
I would be very curious to read some honest and unbiased thoughts on this. And if you have any questions about further details, please just ask. Thank you.

It makes perfect sense to me. You opened your door in front of oncoming traffic.

 

[JoeCarQuestion]

It makes perfect sense to me. You opened your door in front of oncoming traffic.

Please elaborate.

What do you have to say about the fact that I was standing outside my car, and she clearly drove too close to me?
When there is a curve in the road, why does the driver have zero responsibility for staying aware of what is on the other side of the curve ahead of her?

Also, how was I supposed to get inside my car?

 

[Zigner]

Please elaborate.

What do you have to say about the fact that I was standing outside my car, and she clearly drove too close to me?

You were standing in the road - you're not supposed to do that.

When there is a curve in the road, why does the driver have zero responsibility for staying aware of what is on the other side of the curve ahead of her?

You opened your door in to oncoming traffic. Had you not done so, then things would have been fine.

Also, how was I supposed to get inside my car?

Don't open your door when cars are coming. If you can't do that, then you may need to enter on the passenger side and slide over.

 

[ShyCat]

What do you have to say about the fact that I was standing outside my car, and she clearly drove too close to me?

She didn't drive too close to you as evidenced by the fact that she did not hit you.

When there is a curve in the road, why does the driver have zero responsibility for staying aware of what is on the other side of the curve ahead of her?

Again, she was aware enough not to hit you or the side of the car. You unexpectedly moved the door into her line of travel.

Also, how was I supposed to get inside my car?

As with many vehicular situations, you wait until it is safe to do so.

 

[ecmst12]

Driver had the right of way. You had the responsibility to ensure it was safe to do so before opening the door. The fact that you got hit means it wasn't safe to open the door, so you are at fault.

 

[LdiJ]

You were standing in the road - you're not supposed to do that.
You opened your door in to oncoming traffic. Had you not done so, then things would have been fine.

Don't open your door when cars are coming. If you can't do that, then you may need to enter on the passenger side and slide over.

While I agree that the OP is likely at fault, I think that the bolded statement is a bit silly.

Street parking is required to be on the right side of the road facing the same direction as traffic. Therefore no driver can enter their car without "standing in the road"...and the suggestion of the other poster that someone should enter on the passenger and "scoot over" is absurd as that would not be possible in most cars these days.

I suspect that the real reason why the police decided she was at fault is that she admitted that she was chatting with her friend on the curb, and therefore not paying attention to the traffic.

However, as well all know, it really doesn't matter what the police say as regards to fault. The insurance companies will make that determination.

 

[Just Blue]

While I agree that the OP is likely at fault, I think that the bolded statement is a bit silly.

Street parking is required to be on the right side of the road facing the same direction as traffic. Therefore no driver can enter their car without "standing in the road"...and the suggestion of the other poster that someone should enter on the passenger and "scoot over" is absurd as that would not be possible in most cars these days.

I suspect that the real reason why the police decided she was at fault is that she admitted that she was chatting with her friend on the curb, and therefore not paying attention to the traffic.

However, as well all know, it really doesn't matter what the police say as regards to fault. The insurance companies will make that determination.

I disagree. It is OP's responsibility to NOT open his/her door into on coming traffic. EVEN IF it means "scooting over" from the passenger side.

Life is a series of inconveniences. Fact. Of. Life.

 

[JoeCarQuestion]

Thank you for the responses. I disagree with a lot of what you said, but I don’t think there’s much point debating those issues here any further (though I’m willing, if anyone really wants).

My biggest remaining question is this:

If I’m standing by the side of the door, and the driver coming by misses hitting me by literally one inch, then do you really believe the fact that I was not hit was because of proper control and proper awareness from the driver? Or do you think it was a matter of luck?

 

[JoeCarQuestion]

Again, she was aware enough not to hit you or the side of the car.

This is a perfect example of what I mean... ShyCat, you honestly believe that if she missed hitting me by just one inch, that one inch difference was because she was driving with proper awareness and proper control? And you really believe it was in no way a matter of luck?

 

[ShyCat]

This is a perfect example of what I mean... ShyCat, you honestly believe that if she missed hitting me by just one inch, that one inch difference was because she was driving with proper awareness and proper control? And you really believe it was in no way a matter of luck?

It doesn't matter if any luck was involved. She did not hit you. She isn't going to be faulted for what could have happened but didn't. It's as simple as that, like it or not.

 

[HighwayMan]

A river town huh? I am trying to figure out why you think THAT was significant.


Anyway, I will agree that the accident was your fault. You have a responsibility to open your door in a safe manner. You were way too busy yakking with your friend and not paying any attention to what was going on around you.

 

[JoeCarQuestion]

A river town huh? I am trying to figure out why you think THAT was significant.

I was only trying to give readers a decent idea where this happened - without saying the exact town, the police officer's name, etc

 

[JoeCarQuestion]

Anyway, I will agree that the accident was your fault. You have a responsibility to open your door in a safe manner. You were way too busy yakking with your friend and not paying any attention to what was going on around you.

Most people here agree with you... But while I am by no means a lawyer, the responses on this forum have not changed my opinion. My thinking remains:

I must stand on the street to get inside my car (the idea that I should have entered from the passenger's door is nonsense - nobody does that, and cars are clearly not designed for that). When I am standing on the street, the driver should be aware of me (therefore should not hit me, or miss hitting me by one or two inches). When I opened the door, the door only went one or two inches further into the street than my body... And I had to be facing the car. In order for a human being to open a car door, the human body must face the car.

To say that the driver has absolutely zero responsibility here still makes no sense to me.

 

[Zigner]

Most people here agree with you... But while I am by no means a lawyer, the responses on this forum have not changed my opinion. My thinking remains:

I must stand on the street to get inside my car (the idea that I should have entered from the passenger's door is nonsense - nobody does that, and cars are clearly not designed for that). When I am standing on the street, the driver should be aware of me (therefore should not hit me, or miss hitting me by one or two inches). When I opened the door, the door only went one or two inches further into the street than my body... And I had to be facing the car. In order for a human being to open a car door, the human body must face the car.

To say that the driver has absolutely zero responsibility here still makes no sense to me.

I've slid in to my car from the sidewalk side when there is traffic on the street side. I agree that cars aren't designed for it, but it certainly is doable. What you are supposed to do is not open your door in to the path of oncoming traffic. YOU don't belong in the street. You are supposed to wait at the front of your car (so you can see oncoming traffic) and then approach your door when it is safe (both for you and for the oncoming traffic.)

I'm sorry that it doesn't make sense to you...but it is what it is.