Expert: Chris Wagoner - 10/5/2009

Question
QUESTION: Thank you for taking the time to read and answer my email.  I do appreciate it.  I was recently involved in a car accident when a child in the back seat of parked car opened his door on the traffic side and the door collided with my car which was passing his car at the time.  Thankfully the boy was not injured.  What I am upset about is this.  The school bus stops at the entry of the subdivision and parents and children are scattered all over the road, cars parked in the middle of the street, and the parent of this boy had parked in front of a stop sign, half in the road, half on the grass, there is no sidewalk.  When the police arrived they mentioned something about a mandate but I don't know what that is and can't find it.  Is there a law that requires parents to drop off kids in a certain manner at bus stops?  Thank you again for your kind attention.

ANSWER: Hi Helene,

What state are you in??

---------- FOLLOW-UP ----------

QUESTION: I am in the State of Florida, Lake County.

Answer
Hi Helene,

The reason I asked what state is there are specific laws that deal with school buses and also in your case, opening a door into traffic.

First like you let me say I am glad the child and you were not hurt.

First lets look at the State laws on opening your door into traffic:

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 non-moving violation as provided in chapter 318.

So the child violated that FSS when they opened the door into traffic and you struck the door. Also if the parentsare parking where you say (which I do not doubt in the least!) they may be violating this FSS:
316.1945  Stopping, standing, or parking prohibited in specified places.--

(1)  Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a)  Stop, stand, or park a vehicle:

1.  On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

2.  On a sidewalk.

3.  Within an intersection.

4.  On a crosswalk.

5.  Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings.

6.  Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

7.  Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

8.  On any railroad tracks.

9.  On a bicycle path.

10.  At any place where official traffic control devices prohibit stopping.

11.  On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.

12.  For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.

(b)  Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

1.  In front of a public or private driveway.

2.  Within 15 feet of a fire hydrant.

3.  Within 20 feet of a crosswalk at an intersection.

4.  Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.

5.  Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).

6.  On an exclusive bicycle lane.

7.  At any place where official traffic control devices prohibit standing.

(c)  Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:

1.  Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.

2.  At any place where official signs prohibit parking.

(2)  No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.

(3)  A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section or a municipal or county ordinance may:

(a)  Issue a ticket form as may be used by a political subdivision or municipality to the driver; or

(b)  If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that the uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended vehicle.

The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal or county parking ordinance.

(4)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.


I would suggest calling the police department that has jurisdiction for this stop, then tell them that one accident has already happened because of the way people are dropping off their children, and that they need to have an officer or deputy out there to enforce traffic laws before someone gets killed. Make sure you get the name of who you talk to and keep a record of it. Then I would write your local paper's editorial section a note about it and see what happens. You would be surprised that once a police agency is put on notice of a traffic hazard, most take immediate action because they do not want to be held liable for any injuries or deaths that may happen. And it sounds like you have a real problem.

I hope this all helps. Be well and drive safely! Glad you and the child are OK.