If you experience an accident with a garbage truck, either on the road or during garbage pickup, it can be difficult to know what you should do next. This type of accident is not simple–there are multiple parties who might be at fault, and the burden is on you to prove that the garbage company is responsible for your damages.
Knowing how a garbage truck accident lawyer can help will ensure that you have the legal guidance you need in this complex situation.
As with any vehicle accident, a garbage truck accident can happen simply because the driver is being reckless or negligent. However, there are many other unique factors that can increase the risk of a garbage truck accident. These include:
Many of these risk factors can be the fault of the garbage collection company rather than the individual drivers. Employers are responsible for making sure that their employees are obeying federal hours of service regulations. They are also responsible for maintaining the vehicles and training their employees on proper garbage collection practices.
Garbage trucks are large, heavy vehicles. They also carry great volumes of garbage, which often includes heavy objects such as discarded furniture, construction debris or tree limbs. What this all means is that an accident with a garbage truck can easily cause catastrophic damage.
Some of the most common injuries in garbage truck accidents include:
These injuries can happen during a crash involving a garbage truck. They can also happen if garbage falls out of the truck while driving or if objects fall while the truck is collecting garbage from a dumpster or trash can. Any injury resulting from an accident with a garbage truck is grounds for legal action, even if the truck is not in motion when the injury occurs.
Your first priority after an accident is to ensure your own well-being. Call 911 immediately and inform them if you have any noticeable injuries. Wait at the scene for police to arrive. Responders will provide a more thorough check for injuries and administer first aid if necessary. If it is safe for you to do so, document the scene with photographs of your damage and the surroundings.
It is important to exchange information with the garbage truck driver. Get their name and the name of their employer. You may have the opportunity to file a claim against both the driver and the garbage company, so make sure you get all of the relevant insurance information.
You should also make a note of what type of garbage truck it is. For example, it might be a front loader, rear loader or side loader. This can help your claim because it helps with reconstructing the accident during investigations. For example, you may have a better chance of holding them accountable for a falling object injury if you point out that it was a front loader in the process of lifting a dumpster off the ground.
In a typical car accident, one or both drivers will be held liable for the damages. Garbage truck accidents are much more complex. There are many parties responsible for ensuring the safe operation of garbage trucks, and each of them may be partially to blame for your accident.
The parties who may be liable in a garbage truck accident include:
Garbage truck companies and their partners have an obligation to provide adequate training to employees and to maintain all equipment onboard the vehicle. It is important to investigate each party who may have had a hand in your accident to ensure you get compensation from all sources available to you.
Depending on the circumstances surrounding your garbage truck accident, you can file a claim for compensation from the insurance companies representing the driver, the company or sometimes both.
The negligent party owes you compensation to cover the damages you suffered as a direct result of the accident, including:
The exact amount of compensation you can get will vary based on how severe your damages are. In some cases, you can also pursue punitive damages if the accident happened because of egregious negligence. For example, you might qualify for additional compensation if the truck operator willfully violated safety procedures or knowingly used faulty equipment.
Getting the best possible settlement after a garbage truck accident requires knowing the inner workings of commercial liability law and insurance policies. A specialized garbage truck accident lawyer can negotiate on even terms with large businesses and shrewd employers. This ensures that companies cannot use their vast resources to take advantage of you.
At The Collins Law Firm, our team can help your case by:
Sustaining injuries in a garbage truck accident can leave you feeling stressed, frustrated and eager to just get back to your normal life. At The Collins Law Firm, we want to help you rest and recover peacefully by handling the burden of your legal claim for you.
Contact us today to get a free evaluation of your case. Our personal injury lawyers are available to answer your questions and help you understand your legal options.
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