
Originally Posted by
Squeaky
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.
Do not be too timid and squeamish about your actions. All life is an experiement. The more experiments you make the better. What if they are a little coarse, and you may get your coat soiled or torn? What if you do fail, and get fairly rolled in the dirt once or twice? Up, again, you shall never be so afraid of a tumble.
-Ralph Waldo Emerson-