Getting out of a car and opening the door causing death, driver convicted of traffic accident

March 23, 2023 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #GettingOutOfCarCausingDeath #TrafficSafety #TrafficAccident #Driver

Compiled from: Jianghai Evening News
 
Opening a car door is an inevitable action when a driver gets in or out of a vehicle, but if not careful, it can easily lead to a "dooring" incident, causing an accident. Recently, the Rudong Court heard a traffic accident case involving casualties caused by opening a car door. The defendant, Wu, was convicted of a traffic accident crime and sentenced to nine months in prison.

 
 

Case review
Wu operated a small shop. On the morning of August 19 last year, she drove her car to the store and parked it in a parking space at the entrance.
 
Just as Wu was opening the driver's door to get out, an accident occurred. An electric bike came from behind Wu's car and crashed into the open door. With a loud bang, the rider and the bike fell to the ground.
 
The accident injured the electric bike rider, Sang, who died that same day. The Traffic Police Brigade of Rudong County Public Security Bureau issued a "Road Traffic Accident Determination" in accordance with the law, finding Wu primarily responsible for the accident.
 
What Wu did not expect was that for this accident, she would not only bear civil liability but also face criminal responsibility.
 
 
[1] Court Opinion
The "Regulations on the Implementation of the Road Traffic Safety Law" clearly stipulate that doors must not be opened, and people must not get in or out, before the vehicle has come to a complete stop; opening or closing doors must not obstruct other vehicles or pedestrians.
 
In this case, Wu violated these traffic management regulations by failing to observe before getting out and carelessly opening the door, obstructing another vehicle on the road and causing a death. She bore primary responsibility and, according to the law, has committed the crime of causing a traffic accident.
 
Given Wu's candid confession and voluntary admission of guilt, the court may impose a lighter or more lenient punishment in accordance with the law, and thus rendered the aforementioned verdict.
 
 
[1] The author's perspective
In recent years, there have been numerous traffic accidents caused by careless door opening. The Hai'an Court once tried a case where a car door opened and struck a pedestrian, resulting in death, and the driver was sentenced accordingly. Additionally, in Tongzhou, an accident occurred when a child opened the passenger-side car door, colliding with an electric bike and injuring its rider. It is evident that opening a car door may seem trivial, but a moment of carelessness can easily lead to accidents, often causing severe injuries.
 
The author reminds all drivers and passengers to carefully observe their surroundings through rearview mirrors and windows before getting in or out of a vehicle, ensuring traffic safety before opening the door, to avoid "dooring" traffic accidents. A little more caution means a little less danger!

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