by rolik69 » Thu Jan 10, 2013 03:48 am
My grandma was in a parking lot and was getting out of the back of the car slowly with the door open a little bit, then the wind opened the door more just as a person was pulling in and her door hit their mirror. was it my grandmothers fault or the other drivers fault?
Posted: Fri Jan 11, 2013 03:05 am Post Subject:
Oftentimes, the person opening a door (rather than the operator of the other vehicle) is deemed at fault in this type of loss. The rationale for this arises out of the notion the door was abruptly placed into the pathway of the other vehicle without affording that vehicle a meaningful opportunity to take evasive action. Your grandmother’s circumstances seem quite different; it could be that the she is not at fault due to the length of time it took her to exit the vehicle (i.e. the other vehicle could not claim surprise).
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