2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
If you open the car door while standing next to the car, the approaching driver does not have to expect any danger. He's usually not to blame in a collision. The situation is different if a person sitting in the vehicle opens the door.
If there is damage in this case, the driver is also liable. The Hamm Higher Regional Court ruled in a judgment of January 23, 2009. In the case of the Hamm Higher Regional Court (Az. 9 U 152/08), a woman was standing next to the already slightly opened door of her parked vehicle. When she opened the car door completely, there was a collision with a passing car. According to the verdict, the woman was the cause of the accident. It gave less of a signal than someone sitting in the car and opening the door slightly. The approaching driver is already warned by carefully opening the door of a person sitting in the vehicle. Therefore, the passing person is also liable in the event of an accident.
Secure with a look over the shoulder
For the distribution of blame, it is crucial that someone standing next to their vehicle has a better view of the traffic behind than someone sitting in the car. Therefore, more attention is required from him. The ADAC advises that if the driver is in the car, he should always take a look over the shoulder to ensure that the road is clear. (AG)
