Q: I opened my car door into a biker but they were cycling with headphones on.
Does that make the accident partly their fault?
A: Why, would they have heard the inside noise of your car door mechanism? You didn't look. They had the right of way. Report it to your car insurance.Sin no more. Say one "glad I didn't drive into them " and 10 "Check the mirrors"
A: It depends on exactly how and why this incident occurred. If you were not paying attention to a bike lane (if that were the case) then the responsibility for this could be more heavily on you. On the other hand, if the biker were cruising along and not paying attention to your moves, he/she could be held to some level of comparative negligence. It would be a fact-finder's conclusion on who was more likely the cause of this collision.
Josh Rohrscheib agrees with this answer
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