it could be both. depends on the situation. if you didnt see the car coming its there fault. the car shouldve slowed down or moved over to aviod hitting the door.
It is the 'fault' of the person who opened the door into the stream of traffic. In order to 'beat' the charge they would have to show that the operator of the vehicle intentionally swerved to hit the door.
I know of a case where a person opened a door on a narrow road and it was struck by another vehicle driving down the road. The person opening the door was at fault. Your situation sounds a bit different but the person opening the door may be at fault.
I cannot speak specifically to Canda, but in the US it would be the opening door vehicle that is at fault, most of the time. You cannot open or enter any traffic until safe to do so.
the person who opened the door
driver of parked vehicle
In general, the moving car would be at fault because pedestrians always have the right of way. However, under certain circumstances, it could be the door-opener's fault.
Most likely it will be considered your fault.
AnswerIf you were parked and you were exiting the vehicle (car not in motion), the other car is at fault. A parked car with door open or closed is still a parked car.AnswerThis MIGHT be a comparative negligence incident in which both of you may share fault. It depends on several factors: Was your door open all the way before the vehicle drove in? Did you open it the moment the car drove through? Was EITHER party paying attention?
Originally you are at fault unless you were in the process of backing up before the offender had arrived. If however he was present before you started to back up and claims he was unable to stop than you were at fault. GOOD LUCK IN COURT :)
It depends. If they hit you with their door, it's usually their fault. If you hit their door with your car, it's most likely your fault. That said, the burden of ensuring the way is clear is ALWAYS on the reversing vehicle.
The driver/passenger opening the door is at fault. Look it up under the traffic laws in your state.
Virtually ANY time a vehicle door opens into moving traffic it will be the responsibility/fault of the party who was in control of the door. The questioner states that they were CLOSING the door??? That may be their story, but it will probably be difficult proving it.