Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Is it legal to park your auto in front of a dumpster , ...

Customer Question
Is it legal to park...
Is it legal to park your auto in front of a dumpster , in a stores parking lot. This store has marked plces to park. if you are in a non parking place in a parking lot an someone backs in to you who is at fault/
Submitted: 10 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 21 minutes by:
6/28/2007
Lawyer: Ed Johnson, International HR Consultant replied 10 years ago
Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Verified

DearCustomer

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.

 

Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Verified
Ed Johnson and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 10 years ago
Relist: I still need help.
I WAS PARKED IN THE MARKED PARKING SPOT IN A DUMPTRUCK,THIS TRUCK BEEPSLOUDLY WHEN BACKING UP OR JUST BEING STARTED, THE OTHER PERSON PULLED IN AN PARKED IN FRONT OF THE DUMPSTER AFTER I GO IN MY TRUCK,SHE WAS WAITING ON SOMEONE, ANY WAY FROM WHAT I COULD TELL FROM MY MIRRORS IT WAS CLEAR ,,SHE HEARD THE BEEPING AN SAW ME BACKING UP SHE WAS PARKED PARRELL IN FRONT OF THE DUMPSTER I HIT HER REAR COURTER PANNELL , WHO DO YOU THINK IS AT FAULT
Lawyer: Ed Johnson, International HR Consultant replied 10 years ago

DearCustomer

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.

Ask Your Own Legal Question
Customer reply replied 10 years ago
SHE PULLED IN LIKE SHE WAS GOING TO CUT THROUGH THE PARKING LOT LIKE PEOPLE DO WHICH IS ALSO NOT RIGHT, ANY WASY I DID NOT KNOW SHE WAS PARKED SHE WS ON MY BLIND SIDE AN ALL DUMPTRUCKS DO AHVE A BLIND SPOT
Lawyer: Ed Johnson, International HR Consultant replied 10 years ago

DearCustomer

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.

 

Ask Your Own Legal Question
Ask Ed Johnson Your Own Question
Ed Johnson
Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
10,760 Satisfied Customers
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

Ed Johnson is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a questions about court supervision for driving,
I have a questions about court supervision for driving … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Daughter was driving blacked out while driving went off
daughter was driving blacked out while driving went off roard hit a tree.. went to er did ct scan of head exray of leg sent home. leg in severe pain went 3 day later to get mri they waited 7 day to te… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
If my driving privileges are revoked in NY, but I live in TN
If my driving privileges are revoked in NY, but I live in TN and have a license from there, will TN take any action? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I lied on a police report about who driving in a car
I lied on a police report about who driving in a car accident. What are the chances I will be prosecuted and jailed? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Is it legal to work as an insurance agent salesman for an
Is it legal to work as an insurance agent salesman for an agency in another state if the insurance company is authorized in the state I am in? Or does that agency need a certificate of authority in th… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
How does rcw46.61.670 apply to a semi driving through a
how does rcw46.61.670 apply to a semi driving through a single lane roundabout … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
My son drove my car,, which he got insurance on it to drive
My son drove my car,, which he got insurance on it to drive to school, n college credit class after noon for school,,, or car was hit n totaled by another,,,, son not injured, but other insurance comp… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My insurance company and insurance defense attorney settled
My insurance company and insurance defense attorney settled a lawsuit against me. My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protec… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
I'm having a problem with the insurance of the business that
I'm having a problem with the insurance of the business that hit my car parked legally. The business that hit my car is claiming that the injuries were minor and don't want to pay for the whole body d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
While driving a rental car and an animal jumped into the
Hi While driving a rental car and an animal jumped into the road out of nowhere . It was dark and I didnt have time to stop. As a result I damaged my car .I used my insursnce (since I didnt purchase t… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm from Guam, Insurance Underwriter of Century Insurance.
I'm from Guam, Insurance Underwriter of Century Insurance. Our Question is, Does Hawaii Insurance Statute mandates the carrier or the agent insuring the risk in Hawaii be licensed by the State of Hawa… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This is an Insurance law Question. An insurer appointed a
This is an Insurance law Question. An insurer appointed a law firm to represent the insured. The Attorney claims he is representing both the Insurer and the Insured. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My driving license is suspended due to the insurance
My driving license is suspended due to the insurance problem. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I got a ticket for no insurance. I didnt know insurance
I got a ticket for no insurance. I didnt know insurance company cancelled my policy. So now im at court and prosecutor is saying they gon suspend my liscense. And its my first offense i also drive for… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I sent in my proof of insurance but I was driving my
Hi I sent in my proof of insurance but I was driving my daughters car and they said they can't acpet it as proof cause it was for my car … read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Got pull over last night driving to it was a drive and they
got pull over last night driving to it was a long drive and they though id been drinking. passed but found alittle weed I the time they want me in court i leave for work. cant i just pay the fine … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Since it's illegal to drive in Ohio without car insurance,
Since it's illegal to drive in Ohio without car insurance, what happens if no insurance company will take you? Can the state give you insurance? If so how much would it be?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I got a ticket while driving un insured in ohio what will i
Hello i got a ticket while driving un insured in ohio what will i need to do from here and what will my punishment likely be for a first offense… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x