Motorcycle crashes car when opening the door, who is wrong, what is the specific penalty?

Motorcycle hit a car when opening the door who is wrong

In Vietnam, many people are still debating whether the car is wrong in the case of an open car collision with a pedestrian. In particular, the many accidents that occur with motorbikes have attracted more and more people’s attention.

In this case, the car door opened without observation leading to a collision, so according to the regulations, the person who opened the car door would be wrong. However, there are still cases where the motorbike is wrong, that is when the motorbike going in the opposite direction hits the car with the door open.

At that time, the car will only observe behind, and the vehicle in front of the opposite direction will not be able to observe. If a collision occurs, the person who is fined and has to pay compensation is the motorbike traveling in the opposite direction.

Penalty for opening the door without observing

Pursuant to Clause 3, Article 18 of the Road Traffic Law 2008, regulations on stopping and parking on roads.

After parking, leave the vehicle only when safety measures have been taken. In the event that a parked vehicle occupies part of the roadway, danger signs must be immediately placed in front and behind the vehicle for other vehicle drivers to know.

Car users do not open the car door, leave the car door open or step out of the car without ensuring safe conditions.

Thus, according to the regulations, the person who opens the car door and causes an accident for the motorbike rider commits an error of not ensuring all safety conditions before opening the car door for passengers to get off the vehicle.

The driver in this case may have to bear responsibility for “Crime of violating regulations on participating in road traffic” specified in Article 260 of the Penal Code 2015 amended and supplemented in 2017.

Accordingly, the fine for this act is 400-600 thousand VND for the act of opening the car door, leaving the car door open is not safe. In addition, violators that cause traffic accidents will also be deprived of the right to use their driving licenses for two to four months.

In addition, violators may be subject to a fine of between VND 30-100 million, a non-custodial reform for up to 3 years or a prison term of 1 – 5 years when:

– Killing people

– Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or more

– Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;

– Causing property damage from 100,000,000 VND to under 500,000,000 VND.