Who is at fault if the driver of a parked car pulls away and hits the open door of the parked car in the next space?

Answer 1

This question is impossible to specifically answer without a lot more information. However, it possible to discuss some variables which would impact the determination of fault. For example, IF the driver pulling out [vehicle 1] confirmed, BEFORE moving his/her vehicle, that it WAS SAFE to do so, and then WHILE he/she was pulling away, a person in the second vehicle opened the door in front of, or into contact with, the first vehicle, THEN THE FAULT would lie with the person who opened the door of the second vehicle. The driver of vehicle 1 is obligated to avoid a collision if possible, but is not responsible if circumstances preclude his/her ability to do so. On the other hand, IF, for example, the driver of vehicle 1 actually observed the open door of vehicle 2, and pulled out in spite of an obvious hazard, and struck the open door, then the fault should lie with driver 1. Also, if driver 1 pulled out WITHOUT EVEN LOOKING, then again, the fault should be with driver 1. Determination of fault in this type of collision if very difficult to accomplish, unless for example, a video surveilence camera clearly captured the above discussed actions, or the absense of those actions, the TIMING of those actions, and WHO did WHAT, WHEN. Good luck. j3h