Quote Originally Posted by Squeaky View Post
In this type of situation, the driver is really at fault?
Most definitely. The following is from the CA DMV site. Many other states including Washington and Oregon have similar laws.

Vehicle Code

Opening and Closing Doors

22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.