The Motor Vehicle Act forbids opening your vehicle's door on the side next to moving traffic unless it is safe to do so. Ryan Toevs opened his driver's door to enter his truck and escape being side swiped by an approaching SUV driven by Michael Williams. Mr. Williams collided with his door and injured him. The case decides liability for the collision.
Result of Opening the Driver's Door When Unsafe
Ryan Toevs
Mr. Toevs parked his truck on West 4th Avenue in Vancouver. He exited the truck and walked across the street to deliver an envelope to a friend. Following that delivery, he observed traffic and determined that it was safe for him to cross back to his truck and enter it. On arriving at the driver's door, Mr. Toevs decided that it would not be safe to open the door and stood with his back to the truck to let approaching vehicles pass.
It was close enough that Mr. Toevs was concerned that if he did not do something he would be struck by the vehicle as it passed. He attempted to open the driver's door, get inside his truck and close the door again before Mr. Williams passed by.
He was not successful and a collision occurred. Mr. Toevs was injured and both vehicles were damaged.
Michael Williams
The Range Rover driven by Mr. Williams approached in the lane beside Mr. Toevs. Engineers were retained by both parties and gave evidence in the trial. One of them testified that Mr. Williams was “was likely biased towards the right side of the travel portion of the eastbound right lane.”
He went on to say that Mr. Williams “could have moved further left and remained within the right eastbound lane without any contact occurring with the Toevs Ford.”
The Decision
Mr. Justice Affleck found that there was ample room in the curb lane for Mr. Williams to have moved left and avoided the collision. He was found 100% liable for damages.
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