Is the car owner liable if a rear passenger causes an accident by opening the door?
3 Answers
Rear passengers opening the door causing an accident does make the car owner liable. Here are specific details regarding accident liability: 1. Laws and regulations: According to Article 43, Paragraph 3 of the Road Traffic Safety Regulations, when a motor vehicle is parked or temporarily stopped on the road, the right side of the vehicle body must not exceed 30 centimeters from the road edge. If the parking behavior obstructs normal traffic flow on the non-motorized lane and creates a safety hazard, the owner bears liability. 2. Liability allocation: Traffic police determine accident liability proportions. Based on the liability ratio, claims can be made for medical expenses, lost wages, nursing fees, nutrition costs, meal allowances, transportation fees, and other related expenses. In cases involving disability, disability compensation can also be claimed. The specific amount requires detailed calculation based on the circumstances.
I'm a taxi driver with decades of experience behind the wheel, and I've seen many similar incidents. When a rear-seat passenger opens the door and hits a pedestrian or vehicle, the vehicle owner can't escape liability. Traffic police will determine that the owner bears responsibility for supervision negligence. For example, my colleague once parked by the roadside to drop off passengers, and a rear-seat passenger suddenly opened the door, knocking over a cyclist. The insurance company covered some compensation, but the owner was fined and held partially liable for civil damages. This is because, legally, the vehicle owner, as the person in control of the car, must ensure all passengers operate the door locks safely. When parking, they should remind passengers to check behind them or use mirrors to watch for blind spots. Now I’ve developed a habit of locking the rear doors before stopping to avoid mishaps. Such accidents often occur in crowded urban streets and alleys. Safety should always come first. I advise all car owners to start with daily precautions—educate passengers to prevent risks. After all, a small oversight could lead to serious consequences.
As a community volunteer, I often give talks on traffic safety. If a rear-seat passenger causes an accident by opening the door, the car owner is likely to be held accountable due to vehicle management obligations. When a passenger recklessly opens the door and injures a third party, insurance will cover basic losses, but if there's evidence that the owner failed to remind or lock the door, personal liability arises. In my lectures, I emphasize accident prevention: owners should educate passengers on the Dutch Reach method—using the right hand to open the left door to force looking back, and parking away from high-risk areas. A personal experience involved a friend whose child playfully opened the door and hit a tree, resulting in repair costs and a fine for the owner. To avoid such incidents, owners must take initiative, establish rules to protect everyone's safety, especially in urban driving where risks are abundant, and instill safety awareness in advance.