Car door opened and hit by another vehicle: who will be at fault in the accident

Clause 15.13 of the Traffic Rules of Ukraine prohibits drivers and passengers from opening vehicle doors, leaving them open, or exiting the vehicle if this endangers road safety or creates obstacles for other road users. This norm was applied by the Pechersky District Court of Kyiv when considering a case of a collision between a car and the door of a parked vehicle.

The court concluded that the female driver did not ensure the safety of opening the door, violated the Traffic Rules, and committed an administrative offense under Article 124 of the Code of Ukraine on Administrative Offenses (CUAO).

Circumstances of the case

The traffic accident occurred on November 13, 2025, on Ivana Fedorova-Predslavynska Street in Kyiv.

According to case materials 757/59704/25-p, the female driver of a Mazda, having stopped in a parking area, opened the rear left door of the car. At that moment, a Mercedes vehicle moving in the same direction collided with the door. Both vehicles sustained mechanical damage as a result of the accident.

The police issued a protocol against the woman under Article 124 of the CUAO, noting that she violated the requirements of clause 15.13 of the Traffic Rules.

Driver’s position

In court, the driver denied guilt and requested the case be closed due to the absence of an incident and administrative offense.

She explained that she parked the car in a specially designated parking area, ensured the safety of her actions, exited the vehicle, and opened the rear door to assist her son who was in a child car seat.

According to her, the door was already open when the collision occurred. In her opinion, the cause of the accident was the Mercedes driver’s failure to maintain a safe distance, which led to the collision with the already open door of her car.

Court findings

After reviewing the case materials, the court rejected the driver’s arguments.

The court noted that clause 15.13 of the Traffic Rules prohibits opening vehicle doors, leaving them open, or exiting the vehicle if this endangers road safety or creates obstacles for other road users. The court also considered clause 1.5 of the Traffic Rules, which states that actions of road users must not create danger or obstacles to traffic or cause material damage.

The court’s conclusion on guilt was based on the administrative offense protocol, the traffic accident diagram, and the explanations of both drivers.

Evaluating the evidence as a whole, the court concluded that the driver’s guilt was proven by proper, admissible, and sufficient evidence, and her actions were correctly qualified under Article 124 of the CUAO.

The court also noted that no circumstances mitigating or aggravating administrative responsibility were established in the case.

Court decision

The Pechersky District Court of Kyiv found the female driver guilty of committing an administrative offense under Article 124 of the CUAO and imposed an administrative fine of 850 UAH.

Additionally, the court ordered her to pay 665.60 UAH in court fees to the state.

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