MK5 Golf GTI
General => Random Chat => Topic started by: jamiew on January 21, 2012, 12:27:40 am
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Hi there, my dad recently had a crash, he opened his door on his car whilst parked, and a van come along and hit it, his door was open before the van come for about 5 seconds, who is in the wrong
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parked where?
if its in the supermarket 50/50
infact id say 80% of the time its going to be a 50/50 blame.
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Personally i would have said your father was in the wrong...
Did he not check his mirror before deciding to get out ?????
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Even at 30 mph a van is likely to take more than 5 seconds to come to a complete standstill.
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Was on a road, and he did check his mirror and he wasnt there, the van come out of a turning, the van was speeding and did have more than a doors width of room
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Was on a road, and he did check his mirror and he wasnt there, the van come out of a turning, the van was speeding and did have more than a doors width of room
You cant prove that unfortunately.
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Usually if you are encroaching into the flow of traffic its your fault. For example if you pulled out in front of somebody from a side road. The vehicle alreasdy on that road has priority. You could argue a lack of due care and attention from the van driver IF the road was clear of vehicles when your dad opened the door and the van has exited a junction onto the road your dad was parked. Therefore the door was already open when the van approached it so would have seen it had he been paying adequate attention.
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Usually if you are encroaching into the flow of traffic its your fault. For example if you pulled out in front of somebody from a side road. The vehicle alreasdy on that road has priority. You could argue a lack of due care and attention from the van driver IF the road was clear of vehicles when your dad opened the door and the van has exited a junction onto the road your dad was parked. Therefore the door was already open when the van approached it so would have seen it had he been paying adequate attention.
I think he'd struggle to prove that tho. Any witnesses? Cos failing that I reckon you're probably gonna have to take the blame sorry to say