How to Determine Liability When Opening the Rear Door Hits Someone: Passenger vs. Driver
4 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.
As someone who drives frequently, I believe liability allocation depends on the specific circumstances. If a passenger opens the door without checking behind them, they should definitely bear the primary responsibility. However, the driver also shares joint liability, especially if the parking position was inappropriate or they failed to remind the passenger. For example, suddenly opening a door when parked next to a bus stop is certainly a violation. If the person who was hit was riding a bike while on the phone and not paying attention, they would also bear some responsibility. Ultimately, the compensation ratio is determined by traffic police, and usually, the driver's compulsory traffic insurance and the passenger's personal insurance will jointly cover medical expenses and damages.
I once witnessed a similar accident where the liability was clearly determined. The passenger failed to observe while opening the door and was held fully responsible, covering 80% of the compensation. However, the driver was parked over the non-motor vehicle lane marking, resulting in an additional 20% liability. Later, I learned that in such accidents, traffic police focus on whether the parking position violates regulations and whether the passenger fulfilled their duty to observe. Compensation is jointly covered by the passenger's and the driver's insurance companies. If the passenger doesn't have insurance, they have to pay out of pocket. It's recommended that rear passengers develop the habit of opening the door slightly to observe before exiting, and drivers must park close to the curb.
