EXAMINATION OF FAULT RATE IN A TRAFFIC ACCIDENT CAUSED BY COLLIDING WITH AN OPEN DOOR, IN LIGHT OF A SAMPLE EXPERT REPORT

In Istanbul and other large cities, due to the narrow streets, traffic accidents resulting in physical or material damage often occur because drivers, when stopping at the roadside and opening their doors, fail to notice another vehicle, motorcycle, bicycle, scooter, etc., approaching from behind. In criminal courts, expert reports are crucial in determining the penalties for damages resulting from such accidents. Therefore, we will try our best to inform you about how expert reports are prepared and what aspects are important.

In our case, as confirmed by the parties involved, the vehicle was parked on the side of the road when a motorcyclist approaching from behind opened the car driver's door, causing a traffic accident. As a result, the motorcyclist was injured.

Regarding the expert's examination of the fault aspect:

A) Before opening the left front door to get out of the vehicle parked on the right edge of a two-way road,

- He controls the traffic flow coming from the rear left,

-After waiting for the right of way for vehicles traveling on the street, the driver must open the door outwards in an appropriate place and manner without creating a traffic safety hazard

According to the information in the file, unless otherwise stated, as indicated in the advertisement:

By failing to properly control the traffic flow behind him and opening the door incorrectly and uncontrollably outwards and into the motorcycle's area of ​​movement, he caused the accident;

The driver is found to be primarily and fully at fault in the incident, due to violating the boarding-alighting rule as defined in Article 58 of Law No. 2918, Traffic Law No. 2918, and Article 110/b of the Regulation

B) Considering that the driver was driving straight on the street and could not foresee that the door of the vehicle under the defendant's control would open while passing the vehicles parked in a row on the right side of the road, and thatthere would be no opportunity, time, or distance to take precautions in the face of the sudden event, I am of the opinion and belief that the defendant is not at fault in the incident.

According to these findings, the expert attributed fault to the car driver but not to the motorcycle driver. It would be beneficial to examine the relevant legal provisions cited here.

Accordingly, pursuant to Article 58 of the Traffic Law: Unless otherwise indicated, drivers are required to stop their vehicles on the far right edge of the road in their direction of travel, to allow passengers to board and disembark from the right side, and passengers must also board and disembark from the right side.

So, if the person was a passenger instead of the driver, and the passenger opened the door and injured someone else, the driver would be held responsible for not taking precautions against a left-hand landing.

According to Article 110/b of the Highway Traffic Regulations: Unless otherwise indicated;…

b) Unless it is ensured that it will not pose a danger or obstacle to road users;

…

3) Opening the door without checking the right side of the vehicle after stopping, and getting in and out without checking carefully

The ruling is clearly defined, and the expert has made their decision on this point, assigning fault percentages. The driver is held fully at fault, while the injured party is not held at fault.

Source used: Ahmet Cemal Ruhi, Canan Ruhi – Injury and Homicide by Negligence and the Crime of Endangering Traffic Safety

(This work has been used solely for informational and guidance purposes and is not a direct copy or reproduction; our writing is original.)

We, as young lawyers, have also benefited from this work, and we offer our deepest respect and affection to our esteemed professors who have contributed this book to the legal community's library… With our best regards…