On Sun, 06 Jul 2008 03:39:57 +0100, JNugent  wrote:

>Periander wrote:
>> %steve%@malloc.co.uk (Steve Firth) wrote in
>> news:1ijmqdc.o45wv71p5469sN%%steve%@malloc.co.uk: 
>> 
>>> Danny Colyer  wrote:
>>>
>>>> On 05/07/2008 22:57, Steve Firth wrote:
>>>>> If I'm driving a car and someone opens a door and I drive into it,
>>>>> the accident is my fault, not the fault of the person opening the
>>>>> door. 
>>>> And what about HC rule 239?
>>>> "You MUST ensure you do not hit anyone when you open your door. 
>>>> Check for cyclists or other traffic".
>>>>
>>>>> Quite why cyclists believe that the responsibility should go the
>>>>> other way is beyond me.
>>>> Perhaps reading the HC would help you.
>>> Perhaps getting a clue would help you. The prohibition in the HC is on
>>> opening the door and hitting someone or something with the door. If
>>> the door has been opened and someone rides or drives into it then they
>>> are in the wrong.
>>>
>>> The stupidity of cyclists seems to be without limit. Perhaps they
>>> should be made to sit a test before being allowed on the roads?
>>>
>> 
>> Actually much as I like to laugh when a cyclist gets taken out as the
>> result of his own folly (especially if there's blood, broken bones and a
>> wrecked cycle) there is actually an offence of "Opening a door to the
>> danger of road users". Don't ask me to quote act and section it's to
>> late and I can't be arsed but it's there none the less.
>
>I'm sure that what you say is correct - but everyone - including 
>cyclists - is still under a duty to try to avoid an open door.
>
>No-one should expect miracles when the door is opened with an 
>approaching vehicle very close by, but if the vehicle can be stopped, or 
>if its course can be changed so as to avoid a collision, that's what the 
>driver or rider must do.

I don't think any rational person could have any argument with that.

But that does not mean that if a door is opened too close in front of
him, it is his fault if he hits it.
-- 
Alex Heney, Global Villager
If Murphy's Law can go wrong, it will.
To reply by email, my address is alexATheneyDOTplusDOTcom