Legal ramifications of Dooring

ford2600

DUBintheSTICKS wrote: »

There have been a number of prosecutions for the offence - Dangerous Opening of a Vehicle Door, the legal text is below.


S.I. No. 190/1963 - Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963

92 (3) A person shall not in a public place cause or permit a door of a vehicle or trailer to be opened or remain open unnecessarily or passengers to alight where the opening, or the remaining open, of such door is liable to cause danger or obstruction.

That's the person opening the door or causing it to remain open?

That is under "General Duties of Drivers and Others".


I don't see how that makes a driver responsible for the actions of a passenger; it just establishes what law a person doing the dooring has broken? The passenger could be prosecuted under that section, and I would think very difficult to prosecute a driver for the actions of a passenger.

https://www.jmw.co.uk/services-for-you/personal-injury/cycling-accidents/bicycle-accidents-ppc-page-alt?gclid=EAIaIQobChMI84eVnIiP2QIVCrftCh0sWwzgEAAYASAAEgL5gPD_BwE

UK Lawyers who deal with cyclist and a quote from their head lady on the UK case law.

"If I had been hurt, or my bike had been damaged, could I have sued the passenger? Or maybe the driver?
“There is conflicting case law on this point and you can expect a tussle with the insurer,” said Kerr. “I’ve had resistance from insurers arguing that the driver was not responsible for the actions of a passenger and that the passenger, who did not benefit from compulsory insurance, would need to be traced and sued.”
Government statistics show that between 2011 and 2015 eight people were killed and 3,108 injured in accidents involving vehicle doors being opened or closed “negligently”"

ford2600

DUBintheSTICKS wrote: »

I know of at least one case where the driver was prosecuted when his rear seat passenger open their door and doored a cyclist.

Good stuff have you a link by any chance?

DUBintheSTICKS

ford2600 wrote: »

Good stuff have you a link by any chance?

No link unfortunately, it was a case dealt with Dublin District Court a number of years ago.

DUBintheSTICKS

ford2600 wrote: »

That's the person opening the door or causing it to remain open?

That is under "General Duties of Drivers and Others".


I don't see how that makes a driver responsible for the actions of a passenger; it just establishes what law a person doing the dooring has broken? The passenger could be prosecuted under that section, and I would think very difficult to prosecute a driver for the actions of a passenger.

https://www.jmw.co.uk/services-for-you/personal-injury/cycling-accidents/bicycle-accidents-ppc-page-alt?gclid=EAIaIQobChMI84eVnIiP2QIVCrftCh0sWwzgEAAYASAAEgL5gPD_BwE

UK Lawyers who deal with cyclist and a quote from their head lady on the UK case law.

"If I had been hurt, or my bike had been damaged, could I have sued the passenger? Or maybe the driver?
“There is conflicting case law on this point and you can expect a tussle with the insurer,” said Kerr. “I’ve had resistance from insurers arguing that the driver was not responsible for the actions of a passenger and that the passenger, who did not benefit from compulsory insurance, would need to be traced and sued.”
Government statistics show that between 2011 and 2015 eight people were killed and 3,108 injured in accidents involving vehicle doors being opened or closed “negligently”"

From the way I read it ...

A person shall not in a public place cause or permit a door of a vehicle or trailer to be opened or remain open unnecessarily or PASSENGERS to alight where the opening, or the remaining open, of such door is liable to cause danger or obstruction.

The driver is the one accountable for his/her passenger opening the door, the example I think of is a child opening car door, that’s my interpretation of it.

buffalo

Timely: https://www.outsideonline.com/2362091/look-you-open-your-car-door