Need your opinion guys

[jamiew]

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

[edd666999]

parked where?

if its in the supermarket 50/50

infact id say 80% of the time its going to be a 50/50 blame.

[Upperoilcan]

Personally i would have said your father was in the wrong...

Did he not check his mirror before deciding to get out ?????

[andrewparker]

Even at 30 mph a van is likely to take more than 5 seconds to come to a complete standstill.

[jamiew]

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

[edd666999]

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.

 

[Boothy]

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.

[sub39h]

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