If may son was pulling into a parking space and the car to the right open it’sdoor while and my son hit it, who is at fault?
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If may son was pulling into a parking space and the car to the right open it’sdoor while and my son hit it, who is at fault?
Asked on March 3, 2011 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no simple answer, since it depends entirely on the circumstances. For example:
* Your son was driving responsibly, at a safe and appropriate speed, pulling into an appropriately sized spot, and the door was swung open just as he was pulling in, too late to stop--that would most likely be the door-opener's fault.
* Your son saw an open parking space and cut a hard turn into it, without signaling, and pulling in too fast--that would probably be your son's fault.
Negligence, which leads to fault, in auto cases tends to be very fact and circumstance specific. Whomever was careless may be at fault. If your son has liability insurance, his insurer should defend him; if he has collision, he should look to that for his own damage, though he may also sue the other party if he believes it at fault.
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