It's important to do this, as a woman riding an electric bike will die from a "door opening kill"! Avoiding tragic accidents | drivers | electric vehicles

The seemingly simple action of getting off the car and opening the car door, if the driver and passengers are not careful, is highly likely to cause accidents and endanger their own and others' safety. This is commonly known as "opening the door to kill".

Recently, in Zhongshan, Guangdong, a woman was driving an electric car when the driver of a small car on the roadside opened the door and got off without paying attention to the outside of the car. The woman couldn't dodge and collided with the car door, causing both the driver and the car to fall to the ground.

Unfortunately, the woman suffered a head injury due to landing on the ground, and ultimately died despite rescue efforts.

In recent years, incidents of casualties caused by "opening doors to kill" have occurred frequently.

In March of this year, on a road in Kunming, Yunnan, a parked car suddenly opened its door, causing an electric car passing by to collide directly. Fortunately, the three people on the electric car were only slightly injured.

In April of this year, a brown off-road vehicle was parked on a rural road in Yuxi, Yunnan. The driver suddenly opened the car door, and an electric vehicle passing by couldn't dodge. The two people on the electric vehicle fell to the ground and were injured and hospitalized.

01

"Opening the door to kill" is highly likely to cause secondary accidents

In traffic accidents caused by improper opening of car doors, the injured may also suffer secondary injuries due to vehicles approaching the lane not being able to avoid them.

In a "door killing" accident that occurred in Xinchang County, Shaoxing City, Zhejiang Province, when driver Guo opened the car door, he knocked down an electric vehicle driven by someone on the left side behind him, and left someone was thrown into the adjacent motor vehicle lane.

At this moment, another small car driving in the same direction on the adjacent lane collided with Mr. Zuo again due to not being able to avoid it in time. The accident ultimately resulted in a fracture of the left lumbar spine of the electric vehicle driver.

Another situation of secondary injury is when the hit rider falls to the ground, causing harm to other pedestrians on the road.

In Shangrao, Jiangxi, the driver temporarily parked a small car on the roadside and opened the car door without paying attention to the surrounding conditions. The car door collided with a three wheeled express delivery vehicle traveling in the same direction, causing the driver of the three wheeled express vehicle to fall and be injured.

Due to the vehicle losing control, the driver of the three wheeled express delivery vehicle collided with a woman pushing a baby stroller ahead, causing the latter to be injured.

02

Who will bear the responsibility when encountering "open the door to kill"?

What are the charges for causing serious consequences?

Will the driver be held responsible for all incidents of "door opening and killing"?

If the driver's parking position is correct, there is no traffic violation, and the driver reminds or informs the door opener that there is a vehicle or pedestrian behind them, and the door opener opens the car door and causes an accident, then the driver subjectively has no fault and generally does not bear tort liability.

If the driver illegally parks and engages in traffic safety violations, such as parking in a non motorized lane and the driver not carefully observing the situation when getting off the vehicle, resulting in an accident, the driver and the driver may bear partial or joint liability for compensation.

Do you not have to bear any responsibility as a victim of being hit in an accident? The police stated that it is not necessarily the case, and the determination of accident responsibility requires specific analysis of the situation. "For example, if the car door is fully open and non motor vehicles, pedestrians, or other vehicles passing by collide due to driver distraction or other traffic violations, non motor vehicles, pedestrians, or other vehicles will also be partially responsible depending on the situation."

Legal experts point out that Article 56 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle temporarily stops on the road, it shall not obstruct the passage of other vehicles and pedestrians. Therefore, even if no damage is caused, "opening the door to kill" is still a road traffic safety violation and will face administrative penalties such as warnings or fines.

In addition, legal experts point out that from the perspective of criminal law, if distinguished from the subjective aspect of the crime, "opening the door to kill" is mostly a negligent crime. But if opening the door to kill leads to more serious consequences, it may also constitute other charges.

Professor Wang Zhiyuan from the School of Criminal Justice at China University of Political Science and Law: Causing the death of others, or causing serious injuries to three or more people, or causing property damage of more than 300000 yuan, and assuming primary or equal responsibility for the result of the accident, constitutes the crime of traffic accident; If the act of intentionally opening the door poses a threat to the personal property or health of an unspecified number of people, it may also constitute the crime of endangering public safety by dangerous means as stipulated in Article 114 and Article 115 of our Criminal Law.

03

It's not advisable to open the door like this!

"Opening the door to kill" can harm others and oneself. It is important to observe carefully when opening the car door. The following careless ways of opening the door are absolutely not advisable!

Suddenly stop and get off the road. A very small number of drivers suddenly stop their vehicles while driving, and in this case, passengers may open the car door and get off the vehicle hastily, which is highly likely to collide with non motorized vehicles coming from behind.

The taxi stopped on the roadside and the passenger suddenly opened the car door. Some taxi drivers park their cars on the roadside to drop off passengers, and some passengers open the car door without observing the outside situation after paying the fare, which is highly likely to cause accidents.

After the vehicle is parked in the roadside parking space, the driver opens the car door at will. When the driver parks the vehicle in the roadside parking space and gets off the vehicle, if they do not observe the situation of incoming vehicles from behind in advance and open the car door rashly, it is easy to collide with non motorized vehicles or bicycles driving from behind.

04

Reminder: No parking in the lane

Observe first before getting off!

Both the driver and passengers must observe the traffic conditions of surrounding vehicles and pedestrians before opening the car door to ensure safety before getting off.

One more action often reduces one point of danger. Traffic police remind drivers and passengers to do the following.

Drivers should develop good parking habits, and the parking area should not affect the passage of other vehicles and pedestrians.

Passengers should get off from the right side, and the most important thing is to prohibit parking the vehicle on the lane.

Drivers should remind passengers in advance after parking, especially rear passengers, to see the pedestrians and vehicles coming and going in front, behind, left, and right of the vehicle, and confirm safety before opening the door and getting off.

The traffic police stated that in addition to developing the habit of standardized parking, motor vehicle drivers are advised to use the "load type door opening method" when opening the car doors.

"Opening the door with the hand that is farther away, leaving a punch gap, we can see that my body will naturally turn back and can observe the situation outside the car through the rearview mirror, and we can get off safely while ensuring that there is no traffic. Such a set of actions can effectively avoid the 'door open' accident."

Whether it is a private car or a commercial vehicle, motor vehicle drivers should pay attention to reminding passengers on board, especially rear passengers, to carefully observe the situation of pedestrians and other vehicles around the vehicle before opening the door and getting off.

As a pedestrian or non motorized vehicle driver, when passing by parked vehicles on the roadside, pay attention to maintaining an appropriate lateral distance and keeping your life safety in your hands.