In a car dooring accident, the person who opened or left the vehicle door open will often be closely examined because Australian road rules prohibit creating a hazard by opening a vehicle door. However, deciding who is legally at fault still depends on the full evidence, including where the vehicle was parked, how the door was opened, the movements of the other road user and whether more than one person contributed.
Dooring can involve a cyclist, motorcyclist, car or other vehicle passing a parked or stationary car. It can cause serious injury and significant property damage. This article provides general information only and is not legal advice. Acorn Rentals does not determine liability.
The Road Rule About Opening Vehicle Doors
Road rule 269 is the central starting point in both NSW and Victoria. The current NSW Road Rules state that a person must not cause a hazard to any person or vehicle by opening a vehicle door, leaving it open, or getting out of a vehicle.
Transport Victoria’s guidance for driving with bike riders gives the same practical warning: drivers and passengers should check for bicycles before opening a door, and it is an offence to create a hazard by opening or leaving a door open.
The rule applies to the person opening the door, which could be the driver or a passenger. A road-rule breach may be important evidence, but an insurer, legal adviser or court may still consider every person’s conduct before deciding civil responsibility.
Who May Be Responsible in a Dooring Collision?
The person opening the door may often be found responsible when they open it into the path of a cyclist or vehicle that was already travelling past. The question is usually whether they checked properly and waited until it was safe.
Responsibility may be less straightforward when:
- the door had been open and clearly visible for some time;
- the passing road user was travelling unlawfully or without reasonable care;
- visibility was obstructed by another vehicle or object;
- the parked vehicle was stopped in an unsafe or prohibited position; or
- the collision involved several movements at once, such as a vehicle pulling away as a passenger opened a door.
More than one person can sometimes contribute to a collision. Do not rely only on an assumption that one road rule automatically settles every fault question. Acorn’s broader car accident fault guide explains why the evidence and complete sequence matter.
Common Car Dooring Scenarios
A driver opens a door into a bicycle lane
A cyclist may be travelling lawfully in a marked lane when a parked driver opens a door across it. Mirror and head checks, the cyclist’s position and footage from traffic or nearby businesses may show whether the door was opened without a safe gap.
A passenger opens a door into traffic
Passengers also need to look before opening a door. Evidence should identify which door opened, who opened it and whether the car was parked, stopped in traffic or using a drop-off area.
A moving car strikes an open door
Damage to the door edge, hinges and passing vehicle may help show whether the door opened suddenly or had been visible. Lane width, speed, lighting and the passing driver’s opportunity to avoid the door may also be considered.
A vehicle pulls out at the same time
If a parked vehicle begins moving as a door closes or another vehicle passes, the case may involve both opening-door and lane-entry questions. Acorn’s article on lane-change accident fault provides related guidance.
What Evidence Helps Show What Happened?
- Photos of the location: include the parking space, bicycle lane, traffic lane, kerb and nearby signs.
- Vehicle damage: photograph the door, hinges, mirror, side panels and damage to the passing vehicle or bicycle.
- Footage: save dashcam, helmet-camera or phone recordings and ask nearby businesses about CCTV.
- Witnesses: record contacts for people who saw when the door opened and how each road user approached.
- Lighting and visibility: note weather, street lighting, parked obstructions and reflective equipment.
- Driver and passenger details: identify the door opener if possible, as well as the vehicle owner and driver.
The NSW Road User Handbook advises people to check mirrors and not open a door into the path of a bicycle. The “Dutch Reach” can help: use the hand furthest from the door so your body turns and makes a shoulder check more natural.
What to Do After a Dooring Accident
Check first for injuries and call 000 where emergency help is needed. Move out of the traffic path if it is safe, but do not move an injured person unless leaving them creates a more immediate danger.
Exchange driver, owner and vehicle details. If a passenger opened the door, record their name and contact information as well. Photograph the scene before vehicles are moved when it is safe to do so, and preserve any video.
Do not make a definitive fault statement at the scene. Give a factual account to police and insurers. Acorn’s checklist of information to exchange after an accident can help you collect the necessary details.
Can You Get an Accident Replacement Vehicle?
If your vehicle was damaged in a dooring collision caused by another identified person and cannot be used, you may be eligible for an accident replacement vehicle. The outcome depends on the evidence, your need for a vehicle, approval and Acorn’s terms.
Acorn’s accident replacement vehicle service is designed to help eligible not-at-fault drivers stay mobile while their car is repaired or assessed. Have the other party’s details, photos, footage and repair information ready.
For local guidance, see Acorn’s accident replacement vehicle support in Melbourne or accident replacement vehicle support in Sydney.
Car Dooring Accident FAQs
Is the person opening the door automatically responsible?
Not automatically. Opening a door that creates a hazard may breach a road rule and can be strong evidence, but all road users’ actions and the full circumstances may be considered.
Can a passenger be responsible for opening the door?
Yes. The road rule applies to a person opening or leaving a vehicle door open, not only to the driver. Record who opened the door and their contact details.
What is the Dutch Reach?
It is a technique where you use the hand furthest from the door to open it. This turns your upper body and encourages a mirror and shoulder check for approaching cyclists or vehicles.
What if my car cannot be used after the collision?
Arrange an appropriate assessment or tow and keep evidence of the damage. If another identified party caused the collision, you can check whether you may be eligible for an accident replacement vehicle, subject to approval and terms.