It is illegal to park in front of the dumpsters marked no parking. However, becasue the signs appear on private property, it is up to the store owner to govern private no-parking signs.
Now our question speaks to who is at fault if you are parked in a no-parking zone.
Arkansas is the last chance state. What this means is, the person who had the last chance to prevent the accident, when all other things are equal, is the one held at fault for insurance purposes. The exception is is one person was not supposed to be driving at all.
In your case, you were not supposed to be parked there. If you had not parked there, in the no-parking spot, the accident would not have happened, so you can be held at fault.
Now that you are goint to court, the court will ask some version of the followinq question: "would the accident have happened anyway?" This means that they will look a the other drive and you form the perspective of:
1. Due diligence of driving: looking both ways, clearing the rear, using mirrors, etc.
2. Speed of the vehicles: was your car sitting still and the other one moving, or were both moving.
3. Where did the car get hit by the other: front quarter panel, rear quarter panel, etc.
I cannot say for sure who was at fault. There are way to many questions. You can be held accountable, but then if the other person was careless, the accident could have happened anyway, he could be at fault.
IN my opion, he or she did not clear the rear, or they would not have backed into you. Despite your illegal parking, I think the other person should be at fault.
This is a hard one. YOu want me to make a commitment for you who is at fault.
I think it is shared liability, which is what the court sometimes also decides. The court fix percentage liabilty, say that one person is 65% liable and the other is 35% liable, or even 50/50.
So if I understand, you were legally parked in the spot marked for a Dump Truck.
She parked behind you in paralell waiting to pick someone up.
You checked your mirrors adn it looked like she was clear. Now I do not know if your mirrors were adjusted correctly or not. However, I assume they are,but you were aware that she was there. Yet, you continued to back up hoping she would move when she heard your beeping and saw you moving. You continued to back up knowing that she was there, but unable to visualize her. From this perspective, i would say you bear at least a portion of the fault. There were things you could have done to prevent the accident.
She illegally parallel parked behind you. She say you backing up and heard the beeping, yet she did not yield right of way and get out of your way. It is dumb to keep sitting there with a truck backing up and you do not have eye contact with the driver or cannot see the driver's face in his mirrors. So I feel she bears some responsiblity also, but less then yours.
Regarldess of using your mirrors, it will still be considered by the court failure to clear the rear.
As I said, I belive it is shared responsibility. If I see a car come in behind me, and I do not see them, I wonder where they are and look for them. Now I could be passive and not do that, but that is not my style. AND before you ask, I have driven trucks from as small as SUV's to 15 Ton expando vans in the war and on military basis and in the woods. I now how blind the back of the truck can be. So I sympathise with your situatuion.
She has to bear responsibility for the part she played in the accident.
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