British Columbia Supreme Court rules opening vehicle door unsafe

A British Columbia Supreme Court decision clarified the duty under section 203(1) of the province’s Motor Vehicle Act that a driver must not open a vehicle door into moving traffic unless it is reasonably safe to do so. The case involved a contractor’s work truck parked on Southwest Marine Drive in Vancouver. When the driver opened the door, a motorcyclist riding through the gap between parked vehicles and the adjacent lane struck the door and suffered significant injuries.

The court found the driver negligent for failing to properly check his mirrors, which were folded in, and for opening the door unsafely. It also held the motorcyclist partially responsible for riding too quickly, choosing a narrow gap, and positioning his motorcycle too close to the parked vehicles. Responsibility for the collision was therefore divided between the two parties.