jcstokes wrote on 02/15/13 at 10:48:44:Prove, that he/she opened the door to annoy you. I very much doubt you would see such an offence created in most western democracies. As far as I'm aware there isn't any specific legislation on this in my country. I feel that if you hit anyone , or they hit you during a splitting manouver you would lose the insurance battle.
There is the misunderstanding that whatever the law may be in the US, the "Western Democracies" (i.e. Europe) followed suit.That is not the case. Quite the contrary, whereas the US still uses "the Roman Code of Law" where Judges emit sentences and create precedents, in Europe we
do have a Code of Criminal / Civil Law which sets general standarda and guidelines for magistrates.
Hence, in a "Western Democracy", I would be fined for lane splitting, and the car driver would have to explain why he opened the door in a moving vehicle - which, just in case you never noticed, is against the law anywhere and in its back yard as well.
Anything you do, which is involved in an accident, must be justified to the investigators in order to determine who was acting according to the Law, who was acting according to common sense, and who out of sheer instinct or out of spite.
Opening a door from a moving vehicle to hit (or be struck by) a motorcycle splitting lanes is "out of spite" - else, you pull over and stop before you open the door.
Hence, If traffic is stuck / stop&go and I poodle along at snails pace because otherwise the engine will roast, anybody opening the door at me is guilty of reckless behaviour, or, if the "out of spite" pops up, of assault
...in a Western Democracy...