Brooklyn, NY asked in Car Accidents for New York

Q: What if u are parked ... getting out a vehicle

I was stopped @ traffic accident.. when i got hit by another vehicle that almost took my door off.. i had my hazards on.. about to exit

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3 Lawyer Answers

Michael Bersani

PREMIUM
Answered
  • Personal Injury Lawyer
  • Auburn, NY
  • Licensed in New York

A: In New York, if you exit a parked car, you are required to look behind before you open the door to ensure that no car is going to hit your door as it opens. However, the on-coming vehicle also has a duty to use care in passing parked cars, and not to ride closer to them than necessary. This could, depending on the facts, be a case of "comparative negligence" where the insurance companies, or a jury, would find both parties partially at fault.

Tim Akpinar agrees with this answer

1 user found this answer helpful

Tim Akpinar

Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: If there is damage (door almost being taken off mentioned) to the vehicle, the property damage adjuster would examine a number factors, such as the speed the moving vehicle and its proximity to the row of parked cars. It sounds like the matter does not involve injuries (hopefully there none); the adjuster could make a call in apportioning fault between the two vehicles.

Tim Akpinar

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you were stopped for an accident then likely they are at fault. What matters is what part of their car hit what part of yours. If you were hurt contact a member of the NY State Trial Lawyers Assn--they give free consults.

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