Who is responsibile if a car door opened on driveway in front of an on-coming car?

Determining responsibility for an accident involving an opened car door and an oncoming vehicle requires an examination of the specific circumstances surrounding the incident. Here's a general overview of the parties that could potentially be held liable:

1. Driver of the Parked Car:

- If the driver of the parked car opened the door without checking and ensuring that it was safe to do so, they may be considered negligent and responsible for the accident.

- Failure to use proper care and attention while opening a car door can constitute negligence, especially if the driver knew or should have known that opening the door could obstruct or endanger passing traffic.

2. Passenger of the Parked Car:

- If a passenger opened the car door without the driver's knowledge or permission, the passenger could be considered responsible for the accident.

- Passengers are also expected to exercise reasonable care when exiting a vehicle and ensure it is safe to do so.

3. Oncoming Driver:

- If the oncoming driver was speeding or driving recklessly, they may share some responsibility for the accident.

- However, if the oncoming driver was driving at a reasonable speed and could not avoid the collision due to the unexpected obstruction created by the opened door, the liability primarily rests with the parked car.

4. Shared Responsibility:

- In some cases, both the driver of the parked car and the oncoming driver may share responsibility for the accident. This can occur if both parties contributed to the collision, such as the parked car driver opening the door without checking and the oncoming driver driving at an excessive speed.

5. Road Conditions and Visibility:

- Factors like poor lighting, weather conditions, or obstructions that may have affected the visibility of the oncoming driver can also influence liability determination.

6. Comparative Negligence Laws:

- Some states follow comparative negligence laws, which means that the degree of fault for each party is considered when determining liability. The liability of each driver may be reduced based on their level of negligence.

It's important to note that each jurisdiction may have specific laws and regulations regarding this type of accident. In addition to potential civil liability, the parties involved may also face traffic violations or charges depending on the circumstances. In any case, consulting with a legal professional who specializes in automotive accident law is advisable to fully understand and address the issue of responsibility.