Liability?

cursai

Who is liable in this accident?
Taxi stops by request in heavy traffic and accepts payment from passenger who then exits vehicle. Taxi driver does NOT say dont get out.
Passenger exits taxi on passenger rear side and cyclist collides with door.
There is a cycle lane but taxi was about a metre from cyclelane on left side.

?

Grassey

Passenger for assaulting a cyclist and damaging the taxi by not looking before opening the door.

Pkiernan

cursai wrote: »

...Taxi driver does NOT say dont get out...

?

Taxi driver does not say "Don't rob a bank", so I thought it was okay to rob it Your Honour.....

cursai

Grassey wrote: »

Passenger for assaulting a cyclist and damaging the taxi by not looking before opening the door.

No damage to the taxi. Driver left scene without giving details. passenger may have looked but saw nothing coming.
Is the driver not liable for other road users when transporting a passenger including their exiting.

qo2cj1dsne8y4k

Surely the passenger isn't a complete thick and would think to look before swinging a car door open.

Also would think passenger would be so mortified in being so stupid, they would accept liability for being careless and not blame another adult for their actions

cursai

Is this the legal discussion thread or eejit hour. Be helpful. As in legal references or regulations.
Looking for someone with some actual insight.

im not so much interested in the admission of the passenger but as to the taxidrivers duty of care.

qo2cj1dsne8y4k

The taxis duty of care is to get the passenger to his destination in an effective manner in exchange for payment.

His duty of care does not extend to those a passenger may injure through negligence on the passengers behalf.

Spook_ie

SI 332/2012

“(5)(a) A driver (other than a pedal cyclist) may only overtake on the left—


(i) where the driver of the vehicle about to be overtaken has signalled an intention to turn to the right and the driver of the overtaking vehicle intends, after overtaking, to go straight ahead or turn to the left,


(ii) where the driver of the overtaking vehicle intends, after overtaking, to turn to the left at the next road junction and has signalled this intention, or


(iii) in slow-moving traffic, when vehicles in the traffic lane on the driver’s right are moving more slowly than the overtaking vehicle,


(b) A pedal cyclist may overtake on the left where vehicles to the pedal cyclist’s right are stationary or are moving more slowly than the overtaking pedal cycle, except where the vehicle to be overtaken—


(i) has signalled an intention to turn to the left and there is a reasonable expectation that the vehicle in which the driver has signalled an intention to turn to the left will execute a movement to the left before the cycle overtakes the vehicle,


(ii) is stationary for the purposes of permitting a passenger or passengers to alight or board the vehicle, or


(iii) is stationary for the purposes of loading or unloading.”,

My nonlegal opinion, if it were a drivers side rear (o/s/r) then maybe a cause for liability, however as the SI expressly forbids overtaking on the inside in such a situation (n/s ) then liability should be against the cyclist for breaking the law

qo2cj1dsne8y4k

Did the OP not state that the passenger opened the door while the taxi was stationary in heavy traffic and not specifically to be dropped off?

cursai

LexieOnRale wrote: »

Did the OP not state that the passenger opened the door while the taxi was stationary in heavy traffic and not specifically to be dropped off?

The dropoff point was in heavy traffic as they both agreed to end the journey. Money changed hands.

Spook_ie

LexieOnRale wrote: »

Did the OP not state that the passenger opened the door while the taxi was stationary in heavy traffic and not specifically to be dropped off?

No the op stated what was in the op

Who is liable in this accident?
Taxi stops by request in heavy traffic and accepts payment from passenger who then exits vehicle. Taxi driver does NOT say dont get out.
Passenger exits taxi on passenger rear side and cyclist collides with door.
There is a cycle lane but taxi was about a metre from cyclelane on left side.

?

i.e the passenger is concluding the fare by payment of the metered or agreed fare and is alighting from the vehicle, similarly, if a taxi or bus stops to accept passengers then it would be illegal to overtake on the inside. In the latter case you may have a case if the driver pulled in on top of you giving you no egress but would need independent witness's or video to prove either way

cursai

Thanks spook. Thats the legislation I was looking for. Wonder how itd hold in a civil court though for an injury claim by the cyclist. Say a broken arm .

hullaballoo

Oh lawd.

Misinformation abounds. I can't clean this up so I'm locking it instead. If you require legal advice, consult a legal professional, not an online discussion forum.

Road traffic regulations tend to have minimal impact where there is a duty of care.