Accident as I opened my door to get inside my car

[JoeCarQuestion]

You are supposed to wait at the front of your car (so you can see oncoming traffic).

You appear to be forgetting something I wrote in my original post: the car was coming from around a curve in the road.

 

[LdiJ]

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.

I do not believe that I could physically do that even if I was really determined to do that. My body just isn't agile enough to climb over the console anymore. I could do it in some mini-vans though since lots of them don't have a console in the middle, just open space.

 

[ecmst12]

It does not matter. No, you are not expected to enter the car from the passenger side. You ARE required to be sure that it's safe to do so before EITHER walking onto the roadway OR opening the door. If the car had hit you, depending on where you were standing, it very likely could have been your fault as well. The car had the right of way!

 

[Zigner]

You appear to be forgetting something I wrote in my original post: the car was coming from around a curve in the road.

What makes you think I forgot that?

 

[JoeCarQuestion]

What makes you think I forgot that?

The fact that what you’re saying makes absolutely zero sense. You’re saying that to check oncoming traffic I should stand in front of my car - therefore between two parked car - to look down the road and see what’s beyond the curve in the road, further past than what I can see, while the parked cars would be blocking my vision... That makes no sense.

 

[Just Blue]

The fact that what you’re saying makes absolutely zero sense. You’re saying that to check oncoming traffic I should stand in front of my car - therefore between two parked car - to look down the road and see what’s beyond the curve in the road, further past than what I can see, while the parked cars would be blocking my vision... That makes no sense.

Talk to an attorney.

 

[JoeCarQuestion]

If the car had hit you, depending on where you were standing, it very likely could have been your fault as well. The car had the right of way!

I’d like to check that I’m understanding you correctly. Lets just forget the part about opening the door for one moment… You are saying that if I stand by the door to my car, leaning against my door (and just stand there), by that I am giving all oncoming cars the legal right to hit my human body... Am I understanding you correctly?

 

[Just Blue]

I’d like to check that I’m understanding you correctly. Lets just forget the part about opening the door for one moment… You are saying that if I stand by the door to my car, leaning against my door (and just stand there), by that I am giving all oncoming cars the legal right to hit my human body... Am I understanding you correctly?

Ask your attorney.

 

[HighwayMan]

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

Do you know how many towns and villages are on the Hudson and other rivers in New York? How does that give anyone a "decent" idea about where the incident happened? How is it even relevant what town or village this took place in?

If you think it IS relevant then just tell everyone!

So you received a traffic ticket? OR some other type of appearance ticket?

 

[justalayman]

I’d like to check that I’m understanding you correctly. Lets just forget the part about opening the door for one moment… You are saying that if I stand by the door to my car, leaning against my door (and just stand there), by that I am giving all oncoming cars the legal right to hit my human body... Am I understanding you correctly?

Nobody hit you so your question is irrelevant.

What was the speed limit on this road?

How far down the roadway (in the direction the car came from) could you see a car coming towards you?

How far was the car actually from you when you first noticed it?

How far from you when you opened the door?

How long was the door open before it was struck?

 

[Zigner]

I’d like to check that I’m understanding you correctly. Lets just forget the part about opening the door for one moment… You are saying that if I stand by the door to my car, leaning against my door (and just stand there), by that I am giving all oncoming cars the legal right to hit my human body... Am I understanding you correctly?

Don't be asinine. A better way of putting this is if you darted out in front of the oncoming car without giving the car an opportunity to avoid you, then the driver is not at fault.

What a moronic question...

 

[JoeCarQuestion]

Don't be asinine. A better way of putting this is if you darted out in front of the oncoming car without giving the car an opportunity to avoid you, then the driver is not at fault.

What a moronic question...

The idea seems moronic to me too. It just appears to be what ecmst12 was trying to say. So my post in response was just intended to make sure I understood ecmst12 correctly.

 

[ecmst12]

If you were standing on the roadway, then it would have been your fault if the car hit you. That's what right of way means. It means it's your job to avoid the car, not the car's job to avoid you.

 

[JoeCarQuestion]

it's your job to avoid the car, not the car's job to avoid you.

I've repeated this quote to quite a few people, and everyone I've spoke to agrees it's just absolutely ridiculous.

Zigner, if I wrote these words, would you call me "asinine" or "moronic?"