British Columbia Supreme Court rules on unsafe car door opening

Section 203(1) of British Columbia’s Motor Vehicle Act obliges drivers not to open a vehicle door into moving traffic unless it is reasonably safe. In a recent BC Supreme Court case, contractor Mr Chan opened the door of his work truck parked on Southwest Marine Drive in Vancouver while a motorcyclist was riding through the gap between parked vehicles and the adjacent lane. The door struck the motorcycle, causing serious injuries. The court found Mr Chan had not properly checked his mirrors, which were folded in, and therefore breached the duty under the Act. It also held that the motorcyclist was negligent for riding too quickly in the narrow gap and positioning the bike too close to the parked vehicles. Responsibility for the collision was therefore split evenly, with each party assigned 50 % fault.

The decision reinforces the legal requirement for drivers to ensure it is safe before opening doors and highlights shared responsibility between vehicle occupants and other road users.