Opening a vehicle door seems like a routine action, but it carries a legal responsibility. Section 203(1) of British Columbia’s Motor Vehicle Act requires that you must not open a vehicle door into moving traffic unless it is reasonably safe to do so. A recent BC Supreme Court decision shows that this duty remains even when the approaching road user also shares responsibility for the collision.
The Collision
A contractor had parked his work truck along Southwest Marine Drive in Vancouver. After completing some paperwork in the cab, he prepared to get out. At the same time, a motorcyclist was riding through the gap between the parked vehicles and the adjacent lane of slow-moving traffic. As the driver’s door swung open, the motorcycle struck it. The rider was thrown from the motorcycle and suffered significant injuries.
The court heard evidence that the truck driver claimed he had checked before opening the door. However, the judge found that the truck’s mirrors had already been folded in, leading to the conclusion that the driver had not properly checked them before opening the door. The court concluded that the motorcycle should have been visible and audible before the door was opened.
The Law
“A person must not open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so.”
This requirement is found in section 203(1) of the Motor Vehicle Act. It applies whenever a door is opened into traffic, regardless of the type of vehicle that may be approaching.
Justice Branch found that the truck driver breached this duty:
“I find that Mr. Chan opened his car door when it was unsafe to do so, contrary to the duty imposed upon him by s. 203 of the Act.”
The judge also referred to several earlier decisions confirming that failing to properly check mirrors before opening a vehicle door can make that action negligent.
The Rider Was Also Negligent
Although the truck driver was negligent, that was not the end of the case. The court found that the motorcyclist also failed to take reasonable care for his own safety. He chose to ride through the available gap between parked vehicles and adjacent traffic, travelled too quickly for the circumstances, and positioned his motorcycle closer to the parked vehicles instead of remaining near the centre of the available space.
Because both parties failed to exercise reasonable care, responsibility for the collision was divided equally. Each was found to be 50% at fault.
This is not the first BC court decision involving an open vehicle door and a collision. In Open Driver’s Door Crash, the court reached a different conclusion after finding that the approaching driver could have avoided the collision.
The Lesson
This decision is an important reminder that opening a vehicle door is not a routine action that can be done without thought. Before releasing the latch, check your mirrors, shoulder check, and be alert for anyone approaching from behind. That includes not only cars, but motorcycles, cyclists, and other legitimate road users who may be travelling beside your vehicle. Never assume that because your vehicle is parked, nothing can be approaching from behind.
The importance of checking before opening a door is also discussed in our article Is It Safe to Open Your Door?
The fact that another road user may also have contributed to a collision does not excuse opening a door when it is unsafe to do so. Every person leaving a parked vehicle has an independent legal duty to ensure that opening the door can be done safely.
Story URL: https://www.drivesmartbc.ca/case-law/opening-door-when-unsafe
-- Tim Schewe Road Safety Advocate DriveSmartBC.ca
