If Someone Opens Their Car Door and You Hit It, Who Is At Fault?

If Someone Opens Their Car Door and You Hit It, Who Is At Fault?

The fault in an open car door crash depends on how the accident happened and whether each person involved acted reasonably under the circumstances.

Key Takeaways

• The person who opens a car door without checking traffic is often at fault, but not always.
• You may share responsibility for the accident if you weren’t focused on the road.
• Arizona’s comparative negligence law may still allow compensation even if you share fault.
  

If someone opens their car door and you hit it, the crash can leave you hurt, shaken and unsure what went wrong. In many cases, the person who opened the door is responsible, but Arizona law looks closely at the details before assigning fault.

Who Is At Fault When You Hit an Open Car Door?

Determining fault in an open car door accident depends on how the crash happened and who had the chance to prevent it.

The Person Who Opened the Car Door

In most situations, the person who opened the car door is at fault for an open-door accident. This is because anyone getting out of a parked car has a duty to check for oncoming cars, bikes or motorcycles before opening the door.

Arizona traffic laws state that you should not open a vehicle door unless it is reasonably safe to do so and it won’t interfere with moving traffic. In other words, flinging a door open without looking is negligent and against the law. If you hit a door that someone suddenly opened in front of you, that person’s careless action likely caused the accident.

This scenario most often happens with bicycle accidents. A driver or passenger might open a car door into a bike lane without checking, causing a cyclist to crash. The car occupant can be held responsible for the cyclist’s injuries because they failed to look first.

The Driver of the Parked Vehicle

If a passenger opened the door, the driver or owner of the parked vehicle may also share responsibility. For example, if a child opens a car door and causes an accident, the vehicle’s owner could be held liable for lack of supervision and because their vehicle was involved. In many cases, the insurance policy on the parked car covers the actions of anyone who opens a door from that vehicle.

Arizona law also says you shouldn’t leave a car door open on the traffic side longer than necessary. If a driver parks and leaves their door open into the street, such as while unloading items, and you hit that door, the driver could be considered at fault. They created a hazard by leaving the door open too long.

The Driver Who Hit the Open Door

In some situations, the driver or cyclist who hit the open door may be at fault. This usually happens when the door was already open and clearly visible, and there was enough time and space to avoid it. Drivers and cyclists have a duty to stay alert and watch for hazards, especially around parked vehicles.

For example, in a parking lot, doors are often open as people get in and out of their cars. If a door has been open for several seconds and you drive or ride into it, you may be blamed for failing to avoid a visible obstacle. The same can apply on a street if the door was already open and you had a reasonable chance to slow down or steer away.

Distraction can also play a role. If you were looking at your phone, adjusting controls or not watching the road, an investigation may find that your lack of attention caused the crash. In these cases, the issue is not how the door was opened, but whether you took reasonable steps to avoid something that was already there.

Both Drivers (Shared Fault)

If someone opens their car door and you hit it, you may be partially at fault. Shared fault usually applies when both you and the person who opened the door made mistakes that led to the crash. For example, a driver or passenger may open a door without properly checking for traffic, but you may also be driving too close to parked cars, going faster than conditions allow or not fully focused. Neither action alone caused the crash, but together they did.

Arizona follows a comparative negligence rule, which means each person is assigned a percentage of fault based on their actions. You can still recover compensation even if you were partly responsible for the accident, but your recovery will be reduced by your share of fault. If you’re found 25% at fault, your compensation would be reduced by 25%.

These cases often come down to details like timing, speed, distance from parked vehicles and whether you or the other person could have avoided the collision. Police reports, witness statements and photos from the scene are often key to showing how fault should be shared.

Should You Call the Police for a Parked Car Open-Door Accident?

Yes, you should call the police after an accident involving an open car door, especially if anyone is injured or there’s significant property damage. Arizona law requires you to notify police if an accident causes injury, death or property damage of at least $2,000. Even in a minor car accident, you should still call the police because it helps protect you.

An officer will create an official accident report that documents what happened while the details are still fresh. This report can support your insurance claim and can be important evidence so that no one can dispute fault later. Without a police report, it often becomes your word against the other person’s.

Police can also help make sure you and the other driver exchange information. If the person who opened the door violated a traffic law, the officer may note that in the report, which can strengthen your claim. Having law enforcement involved helps create a clear record of the accident and reduces the chances of problems later on.

Sargon Law Group Can Help After an Open Car Door Accident

If someone opens their car door and you hit it, that doesn’t always mean the only damage is to your car. These crashes can leave you dealing with real injuries, higher insurance costs and stress that affect your daily life. When this happens, you may need legal representation to help you understand your rights.

Sargon Law Group can help you seek compensation for your injuries, lost income and other losses tied to the accident. Our Phoenix Law firm brings deep experience in handling personal injury claims and understands how insurance companies work.

Get answers from one of our trusted car accident attorneys in a free consultation and learn what your case may be worth.