The act of opening car doors without looking is the cause of many traffic accidents involving drivers of cars, motorbikes, bicycles and pedestrians. This behavior reflects the limited driving skills and traffic culture of some drivers and passengers. In cases leading to serious accidents, the person causing the accident may be prosecuted.
On May 8, the leader of the People's Committee of Dai Nghia town (My Duc district, Hanoi city) informed about the incident related to the clip recording the scene of a car driver opening the car door, causing 2 people on a motorbike to fall onto the road and then being hit by another car. Specifically, at about 3:00 p.m. on May 6, a taxi stopped on Te Tieu street (Day embankment section) to drop off passengers. This car was half parked on the sidewalk, the rest was still on the road. After that, the male driver opened the driver's door (the side facing the road) when a motorbike carrying 2 people rushed forward and crashed into the car door.
The two people on the motorbike fell onto the road. At that moment, another car coming from the opposite direction crashed into them, injuring the male driver of the motorbike, and the woman behind was run over by the car's wheel and later died.
The tragic accident on May 8, 2023 is being handled by the My Duc District Police, Hanoi City (Photo: hanoimoi.com.vn)
In recent times, there have been many serious traffic accidents leading to death, caused by careless opening of car doors. Some cases include an accident in Da Son commune, Do Luong district, Nghe An province that killed a woman. Ms. HTT (born in 1978, Da Son commune) was driving an electric bicycle on National Highway 46, in the direction of Do Luong - Thanh Chuong, when suddenly a car opened its door, causing Ms. T to crash into the door and fall onto the road. Unfortunately, at that time, a truck traveling in the same direction could not avoid it and ran over the victim.
In Ho Chi Minh City, a young woman died tragically because a Grabcar passenger carelessly opened the car door. The person who caused the accident was Ms. Thai Phuong N (24 years old, living in District 3). N took a Grabcar to go to work, when she reached Ba Hat Street, the car stopped for N to get out. When N opened the car door to get out, Ms. LNH (20 years old, living in Tan Phu District) riding a motorbike in the same direction hit the car door and fell onto the street.
At this time, a small truck was traveling in the opposite direction. Due to the unexpected situation, the driver hit Ms. H. Although she was taken to the emergency room in time, Ms. H died due to severe injuries.
With over 10 years of experience driving a car, reader Nguyen Tuyet Minh, living in Nam Tu Liem district, Hanoi, shared: In my opinion, the driver and the passengers must control the opening and closing of the door to ensure safety. When stopping the car, before leaving the car, you must look through the mirror, or turn your head to observe for obstacles or people behind you. When you see that it is safe and no one is approaching from behind, then you open the door to leave the car.
Meanwhile, reader Tran Ngoc Nga, living in Thai Nguyen city, Thai Nguyen province, commented: "Many times when I took my children to school, I witnessed the crowded streets but taxi drivers and 4-seat cars stopping and parking hastily, opening the car doors carelessly. The advice for car drivers is to carefully observe pedestrians before getting out of the car, because just a few minutes of inattention can very likely cause traffic participants to collide, even cause unfortunate accidents."
The person causing the accident may be prosecuted.
From a legal perspective, speaking with reporters of the Communist Party of Vietnam Electronic Newspaper, lawyer Truong Anh Tuan, Hanoi Bar Association, said that opening the door when stopping or parking a vehicle on the street must comply with regulations on road traffic safety.
According to point d and point dd, clause 3, Article 18, Chapter II of the 2008 Road Traffic Law (Law No. 23/2008/QH12, dated November 13, 2008), vehicle drivers must comply with the following regulations when stopping or parking on the road: After parking, they may only leave the vehicle after taking safety measures; if the vehicle is parked and occupies part of the roadway, a danger sign must be placed immediately in front and behind the vehicle to inform other vehicle drivers; Do not open the vehicle door, leave the vehicle door open or get out of the vehicle without ensuring safety conditions.
Regarding the level of fine, according to the provisions of Point g, Clause 2, Article 5, Section 1, Chapter II of Decree 100/2019/ND-CP on the level of administrative fine for opening the car door as follows: A fine of 400,000 VND to 600,000 VND shall be imposed on drivers who commit the following violations: Stopping or parking on the roadway on a road section outside urban areas where there is a wide sidewalk; stopping or parking not close to the right edge of the road in the direction of travel on a road with a narrow sidewalk or no sidewalk; stopping or parking against the direction of traffic of the lane; stopping or parking on a fixed median strip between two parts of the roadway; parking on a slope without chocking the wheels; opening the car door, leaving the car door open unsafely...
Lawyer Tuan analyzed that, in addition to the fine, the person who opens the car door unsafely, causing an accident for others, will also be subject to an additional penalty as prescribed in Point c, Clause 11, Article 5 of Decree 100/2019/ND-CP, which is the revocation of the right to use a driver's license for 2-4 months.
In case the driver or passenger opens the car door without ensuring safety conditions, leading to a serious accident such as killing 01 person or causing injury or damage to the health of 01 person with a body injury rate of 61% or more; causing an accident and then running away to avoid responsibility or intentionally not rescuing the victim; causing property damage worth from 100 million VND to 1.5 billion VND..., they may be prosecuted for criminal liability for the crime of "Violating regulations on controlling road vehicles" according to Article 260, Section 1, Chapter XXI of the Penal Code 2015 with a penalty ranging from non-custodial reform to 3 years or imprisonment from 1-15 years...
In addition, the person who opens the car door unsafely, causing an accident to another person, must also be responsible for compensating for damages as prescribed in Article 584, Section 1, Chapter XX of the 2015 Civil Code (Law No. 91/2015/QH13, dated November 24, 2015). Specifically, the basis for liability to compensate for damages: Anyone who commits an act of infringing upon the life, health, honor, dignity, reputation, property, rights, and other legitimate interests of another person and causing damage must compensate, except in cases where this Code or other relevant laws provide otherwise; The person causing damage is not responsible for compensating for damages in cases where the damage arises due to force majeure or is entirely due to the fault of the damaged party, except in cases where there is another agreement or the law provides otherwise; In case of property causing damage, the owner or possessor of the property shall be responsible for compensating for the damage, except in cases where damage arises under the provisions of Clause 2 of this Article.
“The act of opening a car door unsafely is the fault of the person opening the car door, which can be the driver or the person sitting in the car. Therefore, to open the car door safely, traffic participants need to pay attention: When opening the door, the person sitting in the car needs to carefully observe the front and back with the naked eye and through the rearview mirror; open the door slowly, the door opens as the person gets out, not opening the door all the way,” lawyer Tuan advised./.
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