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Thread: Who's Fault Is It? Who Should Pay?

  1. #21
    Senior Member
    Join Date
    Jul 2006

    Default Re: Who's Fault Is It? Who Should Pay?

    Quote Originally Posted by jeagga View Post
    If I'm not wrong, any vehicle overtaking another or even pedestrian or any other stationary object should keep a minimum safe distance of 1 metre from their vehicle.

    So if that motorbike keep that 1 metre distance, I think he/she could have avoided hitting the door even if it is wide open.

    So for me, motorbike at fault.
    But going back to WuffRuff's point, you really have to be quite mindless to want to open the door and alight on the side with traffic.

    Again, the passenger is putting the cabbie's vehicle at risk, and putting the lives of any passing motorists at stake too, by opening the right door without looking first. There is no such thing as "without warning". The onus is on the passenger to see if the coast is clear, before opening that door.

  2. #22
    Senior Member Virgo's Avatar
    Join Date
    Dec 2003
    West of Singapore

    Default Re: Who's Fault Is It? Who Should Pay?

    If report, all parties will be at fault. Why?

    1. Passenger: should always alight at left of car, not the traffic side
    2. Taxi driver should warn passenger, especially when passenger opens door from right side near traffic
    3. Motorist should not go between vehicles. They have the right to occupy a vehicle space.

    If don't report, taxi sure claim 3-party. Depending on how passenger, taxi driver and motorist come to a consensus, passenger and taxi driver should pay motorist.

    In any case, passenger have to bear responsibilty. Best is come to an agreement among the 3 parties if no injuries, but I doubt for a case like this, motorist will come out without a scratch.
    Kind Regards
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  3. #23

    Default Re: Who's Fault Is It? Who Should Pay?

    Quote Originally Posted by Rafael View Post
    A taxi stopped at the left side of a road alighting passenger.

    The passenger opened the door on the right, without warning a motorbike came along knocking the right opening passenger door, causing damages to the door as well as to the motorbike.

    Who is at fault?
    Who should be responsible for the damages?

    1. The taxi driver; and/or
    2. The passenger; and/or
    3. The motorbike rider.
    I believe should be passenger..

    my opinions and questions ..

    However, some questions ..
    a. without warning = how long was the door before collision took place.
    b. how far from the kerb did the taxi stop..
    c. how long was the door open.. did the passenger open the door, then proceeded to pay the taxi driver while keeping the door open, or did he pay and open the door
    d. how bad was the door damaged..

    the taxi driver can warn the passenger to check before opening the door, but it is the passenger's responsibility and common sense to check..

    Motorbike rider cannot be expected to stop for the passenger to alight, especially if he was riding in the 2nd lane (door swing open full, can eat a bit into the 2nd lane).. After all, if you were driving next to a stationary car, would you stop? At most, will slow down, but not stop completely..

    For question a & c , if the collision took place right after the door was open, it means the passenger did not check after he paid.

    Question b would answer why the bike collided with the door.. if the taxi was more to the right of the first lane, the door would open into the 2nd lane..

    Question d would gauge how fast the bike was going and the most probable cause of the collision supporting a & c ..

    PS : if the passenger was to open the left door, nearer to the kerb, and the motobike hits the door, then it would be more of the bike's fault as why should he be trying to squeeze between the kerb and a stationary vehicle...
    Disciple of the Canonical Order

  4. #24

    Default Re: Who's Fault Is It? Who Should Pay?

    Quote Originally Posted by Dovedo View Post
    ....... And TS, are you involved in a similar situation like this? Wondering why u started this thread leh.

    No, I was not involved, I was driving just stopping behind the taxi, I couldn't overtake the taxi because of the motorbike was coming along my right side. Lucky me.

    Never drive too close behind a taxi, they can stop to pickup passenger or alighting passenger anytime, but cannot blame them, it's the nature of their job, just keep a safe distant and you won't be sorry.

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