If may son was pulling into a parking space and the car to the right open it’sdoor while and my son hit it, who is at fault?

Get Legal Help Today

 Secured with SHA-256 Encryption

If may son was pulling into a parking space and the car to the right open it’sdoor while and my son hit it, who is at fault?

Asked on March 3, 2011 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no simple answer, since it depends entirely on the circumstances. For example:

* Your son was driving responsibly, at a safe and appropriate speed, pulling into an appropriately sized spot, and the door was swung open just as he was pulling in, too late to stop--that would most likely be the door-opener's fault.

* Your son saw an open parking space and cut a hard turn into it, without signaling, and pulling in too fast--that would probably be your son's fault.

Negligence, which leads to fault, in auto cases tends to be very fact and circumstance specific. Whomever was careless may be at fault. If your son has liability insurance, his insurer should defend him; if he has collision, he should look to that for his own damage, though he may also sue the other party if he believes it at fault.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption