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capriblue

Junior Member
What is the name of your state? Illinois

I was in a village parking spot, parked, and opened my door. A car pulled into the next space (parallel to my left) and as she pulled in, she hit my door, or did my door hit her? We were both perplexed, both admitted no fault or blame, exchanged cards and promised to call each other.

I really don't think it was my fault, but perhaps a law states it is. She was very cordial, and so was I. I want to take responsibility if it's my fault. Tiny scrape on the inside of my door, and her passenger side door handle was cracked.

ThanksWhat is the name of your state?
 


capriblue

Junior Member
bump

I looked over my shoulder, and at the drivers side rear-view mirror. There was no car pulling in to the open spot to my left. I looked away, (couldn't have been more than a second), to grab my purse off the passenger seat, and as my door opened, the car was there. The car must have pulled in quickly and perhaps couldn't see my door opening because of the angle of the row of parked cars blocking full view. I'm not trying to avoid responsibility, but wonder if a traffic statute exists that might address this issue. Thanks .
 

Zigner

Senior Member, Non-Attorney
So, you weren't looking when you OPENED your door?
If you opened your door when it wasn't safe, then it's your fault.
It wasn't safe. How do I know?

...as my door opened, the car was there.
 

ecmst12

Senior Member
Since it is the person who is opening the door, not the one driving down the street, who is required to yield, it is your fault. That is what the traffic law says.
 

capriblue

Junior Member
looking for statute

If it wasn't safe, or if I wasn't looking when I opened my door, I wouldn't be making an inquiry. Is the speed of a vehicle pulling into a parking space, a non-issue in determining who's as fault? I am a very safe driver,being a mother of six, and have never had an auto accident of any kind. I will kindly pay for any damage if it is indeed my fault.
"That is what the traffic law says"
, can you site something I can look up in the statute? Thanks again.
 

ecmst12

Senior Member
Is the speed of a vehicle pulling into a parking space, a non-issue in determining who's as fault?
Generally, no, the speed of the vehicle with the right of way is NOT an issue when determining fault.

You can google statutes as well as I can.
 

capriblue

Junior Member
So a car pulling into a parking space, with cars on either side, parked parallel to him/her, always has the right of way? Again, can you site a statute that substantiates this? Sorry, can't find it on Google.
 

ecmst12

Senior Member
There may not be a statute that addresses it specifically. Someone opening a door must always yield the right of way to moving vehicles.
 

SF439

Member
If your door was already open when she pulled in, then it's her fault. But if neither of you want to accept responsibility then why not both of you take care of your own damages? But she was in a moving vehicle.
 

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