How to Determine Liability When Opening the Rear Door Hits Someone: Passenger vs. Driver
2 Answers
When a passenger opens the rear door and hits someone, the liability division between the driver and the door opener depends on specific circumstances. Here are detailed explanations of liability determination: 1. Public Security Authorities: Traffic management departments of public security authorities shall determine the parties' liabilities based on their actions' contribution to the accident and the severity of their faults. 2. Traffic Regulations: According to traffic laws, opening or closing vehicle doors must not affect the normal passage of other vehicles or pedestrians. Therefore, the motor vehicle party generally bears primary liability in such accidents. If other vehicles or pedestrians are at fault, their liability is determined based on the fault circumstances. 3. Theoretically: The door opener should bear full liability for the accident. However, if the driver fails to fulfill their duty of dissuasion or reminder, they should also bear corresponding responsibility.
I previously specialized in studying traffic regulations, and the liability determination for rear-seat passengers opening doors and hitting someone is quite complex. The passenger, as the direct operator, certainly bears primary responsibility, as they must observe the surroundings and ensure safety before opening the door. However, the driver also shares significant responsibility—was the parking location compliant? For example, parking in a non-motorized vehicle lane is a violation. If the driver failed to remind the passenger to check behind them, they would also share liability. Of course, the behavior of the person hit also affects liability determination, such as whether they were violating traffic rules. The specific liability ratio must be determined by traffic police after investigation. Generally, compensation costs are shared by the driver's and passenger's insurance companies, with any shortfall allocated according to the liability split.
