Opening a Car Door
Katia asked: In the morning, in front of her high school, my daughter open the door’s car and a friend hit it with a his bike. We asked him if he was ok, and he said “yes, but you need to be not careful when open the door next time.” Two hours after my daughter text to me letting me know that the boy says that he will to make a police report. It’s that possible? Can we be in justice problems?
The applicable law is this:
s. 316.2005 – Opening and Closing Vehicle Doors
No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Notice that the statute does not specify any location.
The sidewalk is part of the highway and pedestrians are traffic.
s. 316.003 – Definitions
(86) Traffic – Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances singly or together while using any street or highway for purposes of travel.
(77) Street or Highway
(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic ….
The police will decide if they will investigate the incident.