When you are in the car you have to be careful with every gesture because even the most trivial can be dangerous.
It is for example to leave the car door open, this gesture often the result of inattention can in fact cause accidents.
In the case of a motorist leaves the car door fully or partially openthis risks a lot, especially if it causes an accident.
Unfortunately there are many who have this habit, we think it’s a matter of moments, but we don’t consider that in a few minutes or even seconds anything can happen.
What happens if an accident occurs due to the open car door
In the case of a passing car hits the open car door, so he damages his own car and that of others, how should he behave? What does the law say about this situation? Who has to pay for the damage?
The highway code clarifies this case through the legislative decree of 30 April 1992, number 285, article 157 paragraph 7 according to which the responsibility lies with whoever opens the door and after getting off or even after leaving, leaves it open for no reason.
The disinterestedness as well as the superficiality of the person who committed the wrong action intervenes to aggravate the situation. If this does not check and leaves the car door open without considering whether this may cause accidents, really risk a lot.
According to the provisions, the user who leaves the door open is forced to pay fines ranging from 41 to 168 euros. It agrees that it is forbidden to open the car door, get out of it and even leave in any situation.
What happens if whoever has the car door open can demonstrate that they are not to blame for the impact
Of course, all of this is valid only if following investigations, it is understood that the accident occurred exclusively due to the open door. Things change if whoever assesses the situation thinks that the accident occurred due to the vehicle hitting the door despite having plenty of free space to pass.
The concept was reaffirmed by the Court of Cassation, Criminal Section IV, with the sentence of May 2016, according to which whoever opens the left front door of the car without making sure not to cause any danger or hindrance for all other users is responsible.
If, on the other hand, the person who left the door open is able to demonstrate that the fault of the accident is to be attributed to whoever impacted with their car, despite having the space available to maneuver or to pass, things change.