This case is a small claims action for damages to the open driver’s door of a parked pickup truck when it was hit by a passing cyclist. The case was not decided in favour of the pickup owner.
Idris Gencoglu parked his large truck on the north side of Alberni Street in Vancouver at about 3:00 in the afternoon. He checked his rear view mirrors and opened the driver’s door to exit, stepping into the street. In order to retrieve some items from the truck he had to step up onto the running board and spent some time with the driver’s door open into traffic while he gathered them.
While Mr. Gencoglu was putting his GPS unit in his briefcase Tara Borg attempted to ride past his truck and collided with the open driver’s door. Ms. Borg was injured and both the truck and the bicycle were damaged.
Mr. Gencoglu sued Ms. Borg for the cost of repairing the scratches on his truck.
He told the court that she was negligent because she was not wearing a bicycle helmet, she was riding at an excessive rate of speed and riding without due care and attention.
Justice Pratchett found that not wearing a helmet was not related to the cause of the collision. She also found that Mr. Gencoglu failed to show that Ms. Borg was negligent or had caused any damages to him.
The Justice referred to Section 203 (b) of the Motor Vehicle Act which forbids leaving the traffic side door of a vehicle open for longer than necessary to load or unload passengers. Mr. Gencoglu should have gone around to the passenger side of his truck in order to gather his valuables that were inside it before leaving.
She dismissed Mr. Gencoglu’s case and awarded costs to Ms. Borg.
Story URL: https://www.drivesmartbc.ca/case-law/opening-door-traffic-side
