Hit when putting my baby in the car

[weedavo]

I'm hoping someone can give me some advice. After checking the road was clear both ways I was putting my baby in his car seat when my slightly opened door was clipped by a pasing car. The car was damaged and so were my legs. The driver said he saw that I had the door opened but couldn't swerve to avoid it. Who is at fault?, am I right in thinking that he should have taken more care to avoid an open door. He tried to say that even though he saw the door was open I flung it open - I didn't and the damage to the door would suggest he just didn't give me enough space.

[woodchopper]

If when getting out of a car you open the door into traffic and it gets hit by a passing car you are at fault for not taking care to ensure it was safe to do so - if as i believe you are saying the door was open for some time and while you were putting the child in the seat you and the door get hit - in my opinion the ither driver is at fault - I would suggest going to see a solicitor.

[gsr600]

Hi
I know it wont help now, but in future you should really place your child in the seat from the safety of the pavement side not in the road,
you are both at fault, he should have given you more room,
you were parked he was moving,
argue this point with the insurance companies.
if he was passing a cyclist i hope he gives them room to wobble!!

[almcd007]

He's at fault if you were already there.

You didn't open your door form the inside onto oncoming traffic !

All drivers should leave at least a doors space when overtaking - in my opinion he's seen you, couldn't be bothered to wait to give you enough room and for oncoming cars to pass and just miscalculated the room he needed - he's at fault for not leaving enough room between him and the car he's passing.

[dusty1]

Hi, speaking as an ex driving instructor, the other driver having seen your door was open, should have left at least 3ft between you as a person standing, and his n/side, you should always leave a gap of 3 feet between a parked car and yourself anyway, so if a door comes open while you are passing you should miss it.