January 6, 2025
How to Claim Compensation After an Accident with a Trash Truck
Garbage trucks are a common sight in most neighborhoods, and you probably don’t pay much attention to them. If you are involved in a garbage truck collision, though, the consequences can be devastating. Because of their size, contents, and machinery, garbage trucks can cause far more damage and injury than the average vehicle. A pedestrian struck by a garbage truck is likely to suffer catastrophic injuries, and even if you are in a car that is hit by a garbage truck, the damage is likely to be extreme. We’ve handled cases where a collision with a garbage truck resulted in death. The insurance claim will be hefty, and the company that insures the garbage truck is not going to want to pay it. If you have been injured in a trash truck accident, your best chance of receiving a fair settlement is to enlist the help of an experienced attorney.
Trash Truck Accident Claims
What causes garbage truck accidents? To be fair, it is a wonder that these accidents don’t happen more often! While garbage trucks do not typically move very quickly, they are huge and heavy, and can nearly double in weight when they are full of waste. They have large blind spots, and they are legally permitted to drive on the wrong side of the road and idle in the middle of the street. They stop and start frequently, sometimes travel in reverse, and have to navigate narrow streets, busy intersections, and residential areas where other vehicles, pedestrians, and cyclists are present. To operate a garbage truck safely, a driver must be well-trained and experienced, because even a minor error can cause a major accident.
Does that mean the claim will be filed against the driver? Maybe. In some cases, accidents occur because the driver is negligent and fails to check blind spots, is driving distracted, drowsy, or under the influence of drugs or alcohol, or doesn’t follow traffic rules like yielding right of way. Sometimes the driver operates the truck improperly, failing to properly dump waste, brake on time, or keep objects from falling off of the truck onto a vehicle or person. If that is the case, then the truck drive is liable. However, there are other parties who may also be responsible for the accident.
- The garbage truck company may not have kept up with vehicle maintenance, or may have not adequately trained the driver.
- The garbage truck owner, whether a private company or government agency, may be responsible if the truck was unsafe.
- The waste removal company or employer may bear some responsibility.
- The vehicle maintenance company may have failed to keep the truck in good shape, and thus may be liable.
- The garbage truck manufacturer may have been negligent, installing defective parts that caused a malfunction.
- The culpability may fall on the manufacturer of the defective parts.
- The driver of another vehicle involved in the accident may be liable.
Understanding Your Right to Compensation in a Trash Truck Accident
If you suffered damages from a garbage truck accident, you maybe entitled to certain compensation. This compensation is financial reimbursement, meant to make up for some of the damage of the accident. Often, it’s possible to negotiate a reasonable settlement without going to trial, even if the initial offer from the other party is inadequate. Having an experienced legal professional on your side can significantly improve your chances of obtaining the compensation you’re entitled to. If a fair resolution isn’t reached through negotiation, your attorney can take the case to court to seek compensation for both economic and non-economic damages, such as:
- Medical Bills
- Lost wages.
- Loss of earning capacity.
- Propery damages.
- Funeral and burial expense.
- Disfigurement.
- Pain and suffering,
- Emotional trauma.
- Mental distress.
- Diminished quality of life.
What To Do After a Trash Company Truck Injury
After any accident, prioritize seeking medical attention. Injuries from vehicular accidents can take time to show up, so even if you don’t think you have suffered any injuries, it is important to be examined. If it is physically possible for you to report your accident and gather evidence, do so. Call 911 to make sure the police document the accident, and then get a copy of the police report. Take photos of the accident scene and the truck, and talk to the truck driver and any witnesses, taking statements and collecting contact information. Notify your own insurance company, and get in touch with an accident attorney, but take care not to apologize, admit fault to anyone, or communicate with the truck driver’s insurer. Your attorney will deal with the insurance companies, negotiating on your behalf, and will know whether it is necessary to take your case to court. Having the support of a knowledgeable, experienced attorney can make all the difference in getting the compensation you are owed after an accident with a garbage company truck.
Trust Carvalho & Associates for Legal Advice on Trash Truck Accidents
A garbage truck accident can be extremely traumatic and damaging, but with the right legal team on your side, you can achieve a favorable outcome. If you have been injured in a garbage truck collision, Carvalho & Associates Attorneys at Law can help. We are committed to helping our clients achieve the best possible outcomes when someone else is at fault for their accident or injury. Offering world-class excellence in legal representation, we provide expert legal support so that you can have the peace of mind that comes with knowing someone is representing your best interests. Our attorneys work tirelessly to develop a compelling case that secures your financial future, while also showing you compassion, courage, and the determination to hold the at-fault party legally responsible. When you need expert legal counsel, call or contact us through our website.