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How Can Passengers Avoid Liability When Opening the Rear Door and Hitting Someone?

4 Answers
DeMaria
09/03/25 7:58am

Public security traffic management departments shall determine the liability of the parties involved based on the severity of their traffic violations and faults in the accident. According to the Traffic Law, opening or closing vehicle doors must not affect the normal passage of other vehicles or pedestrians. In theory, the person opening the door should bear full responsibility for the accident. However, if the driver fails to fulfill their duty to dissuade or remind, they should also bear corresponding liability.

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LeEvangeline
09/16/25 2:32am

Passengers in the rear seat cannot easily avoid liability if opening the door hits someone, as traffic regulations require checking for safety before opening. Otherwise, partial responsibility may apply. I experienced a similar situation: a friend was driving, I was in the back, and in a hurry, I opened the door and grazed an e-bike rider. The police ruled I was negligent. To prevent this, adopt the Dutch Reach method: use the hand farthest from the door to open it, naturally turning your head to check blind spots before exiting. Parking location also matters—choose spots away from bike lanes or with ample space to avoid disrupting traffic. If an accident occurs, stay calm, stop immediately, call the police, and honestly explain the situation for them to determine liability. Prevention is key—remind yourself and others regularly.

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DeStephen
10/30/25 3:05am

As a frequent backseat passenger, I believe this issue is about safety awareness. Always confirm the safety behind before opening the door, don't rely solely on instinct. Once, while hailing a cab next to Xincheng Avenue, the driver didn't pull over properly. I habitually leaned out to look out the window and then opened a crack to observe, only to spot a courier approaching, averting a potential accident. Legally, if the passenger is not at fault—such as proving they took reasonable care—they might reduce liability, but in practice, it's challenging. I recommend developing this habit from a young age: after parking, take three deep breaths, don't rush to open the door, use the rearview mirror or roll down the window to check behind, and remind each other if with companions. Remember, safety first—don't let haste or distraction lead to tragedy.

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AdelineDella
12/13/25 3:13am

It's difficult for rear passengers to avoid liability when opening the door and hitting someone. Based on my experience, you need to prove you were not at fault. For example, use the far-side hand to open the door while turning to check for approaching vehicles or pedestrians before acting. Park in safe locations, with drivers pulling over as much as possible to reduce risks. In case of an accident, immediately call the police, explain the situation, and assist with medical treatment. Taking responsibility proactively may mitigate penalties but won't completely exempt you. The best approach is to educate all passengers to stay vigilant together.

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