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Who is in the wrong? | Fault for this accident?

by Tom

Last week I parked my car on the main road.

Later I crossed the road to get back into my car, and looked to see if there was any oncoming traffic. I did see a car coming towards me but I reckoned she was far enough away for me to get into my car. So I stood beside my car, unlocked it, opened my door and suddenly that car slammed into my door.

The driver of the oncoming car blamed me by saying that I should have seen her coming. Surely she is wrong because if she was that close to me, she would have splattered me as I was unlocking my car, which leads me to believe that she should have taken more care by slowing down?


Hello Tom,

You are probably asking who is at fault on this situation. Please see:

As you know fault is not a "one party" or another party type of thing. It can be shared.

In this situation, it's likely that both parties have a duty to look out and not open/crash against a door. If you saw here far away, you clearly had a duty NOT to open the door until it was safe. The fact that the crash happened shows that it was not safe to do so.

She had a duty to see you and not be so close as to cause a wreck.

Both drivers are likely to share liability on this.

I hope this helps

Good Luck,

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