Unfall: Dooring-Unfall mit Motorrad: Haftet allein der Türöffner?

A shocking incident unfolded in Berlin's city traffic when a motorcyclist narrowly avoided a dooring accident, but the outcome of the case raises questions about individual responsibility. The incident, reported by the DAV's Traffic Law Working Group, involved a car stopping beside parked cars, allowing a passenger to exit and open her right rear door. The motorcyclist, attempting to pass, collided with the door, leading to a dispute over who was at fault.

In the trial, the car driver claimed she had signaled and stopped carefully, and her passenger had only slightly opened the door. However, the motorcyclist provided a different account, stating that the car had suddenly braked hard, forcing him to swerve to the right. In that instant, the door opened, causing him to lose control and crash.

The court examined the "Dooring" accident and concluded that appearances initially favored the passenger, as the door seemed to have been opened carelessly. Generally, courts assume parties involved in collisions with open vehicle doors acted with insufficient care. Yet, the motorcyclist failed to refute this assumption in his defense.

However, the court also found partial negligence on the part of the motorcyclist, as he had not maintained a sufficient buffer zone and had driven alongside the stopped car, which was not permissible under the circumstances. The court emphasized the motorcyclist's earlier admission that the braking maneuver of the car was too late, suggesting a lack of attentiveness. Ultimately, the judges ruled that the liability should be divided equally between both parties.