Dump and garbage truck accidents can be dangerous and lead to severe injuries, fatalities, and property damage. These incidents often involve large, heavy vehicles with limited visibility, slower braking times, and significant blind spots.
Contact a personal injury lawyer to learn more about what you can do to protect your legal rights after a dump and garbage truck accident. Here is a breakdown of key factors and safety considerations related to these accidents.
Table of contents
- Common Causes of Dump and Garbage Truck Accidents
- Types of Dump And Garbage Truck Accidents
- Legal and Insurance Implications
- What Compensation Is Available After a Dump and Garbage Truck Accident?
- Non-economic Damages
- Punitive Damages
- How Common Are Dump and Garbage Truck Accidents?
- Who Is Most at Risk In Dump and Garbage Truck Accidents?
- How Can A Truck Accident Attorney Help Me?
- How Long Do I Have To Sue After a Dump or Garbage Truck Accident?
- Contact A Truck Accident Lawyer Today!
Common Causes of Dump and Garbage Truck Accidents
There are many causes of dump and garbage truck accidents. These accidents can happen anytime you share the road with one of these massive vehicles. Here is a breakdown of how many dump and garbage truck accidents happen.
Interaction with Other Road Users
Collisions with smaller vehicles, cyclists, or pedestrians can cause life-threatening injuries. Drivers misjudging the size or speed of these trucks can easily cause an accident.
Improper Loading or Overloading
Employees who load dump and garbage trucks might be liable for an accident if they improperly load the vehicle. Shifting loads in dump trucks or garbage overflowing from improperly secured containers can easily cause an accident.
Road and Environmental Factors
Weather conditions, road conditions, and other environmental factors can lead to an accident. In addition, a dump or garbage truck accident can happen due to environmental factors, including obstacles or debris on the road or slippery and uneven surfaces.
Operational Challenges
Operational challenges can lead to serious accidents. Examples of operational challenges include limited visibility, blind spots, difficulty navigating tight spaces in residential or urban areas, and backing up without proper assistance or cameras.
Mechanical Failures
Mechanical failures of vehicles can easily cause accidents. In dump and garbage trucks, mechanical failure can cause an accident. Examples of mechanical failure can include brake malfunctions, hydraulic system failures, or poor maintenance of tires, lights, or other components.
Driver Error
Driver error is one of the biggest causes of dump and garbage truck accidents. Driver error comes in many forms, including distracted driving, speeding, aggressive driving, and fatigue due to long working hours.
Types of Dump And Garbage Truck Accidents
There are a few different types of dump and garbage truck accidents. You can rely on the experience of an experienced personal injury attorney to navigate the ins and outs of each type of accident. Here are the major types of dump and garbage truck accidents:
Debris Accidents
Items falling from trucks can cause road hazards or direct injuries.
Struck While Reversing
Garbage trucks often operate in reverse on residential streets, creating risks for pedestrians or vehicles behind them.
Rear-End Collisions
Large vehicles often need more time to brake, increasing the risk in high-traffic areas.
Rollovers
Dump trucks with raised beds are prone to tipping if loads are unbalanced or operated on inclines.
Legal and Insurance Implications
In dump or garbage truck accidents, liability can fall on the driver, employer, or third parties, such as maintenance providers. Depending on the circumstances, victims may be eligible for compensation for medical expenses, property damages, and other losses.
What Compensation Is Available After a Dump and Garbage Truck Accident?
Victims of a dump or garbage truck accident may be entitled to compensation depending on the circumstances of the accident and the extent of their injuries or losses. These compensations generally fall into two main categories: economic and non-economic. In some cases, punitive damages may also be awarded.
Economic Damages
Economic damages are physical and tangible losses related to the accident. You can quantify and directly calculate these losses. Examples of economic damages include the following.
Lost Income
Accident victims might be entitled to recover for their current and future lost earnings if the accident caused them to lose time at work. They might also be allowed to recover for their lost earning capacity. Lost earning capacity is available if the victim cannot return to work or must take a lower-paying job due to their injuries.
Medical Expenses
Accident victims can recover from their current and future medical expenses after a car accident. Compensable medical expenses can include the costs of emergency care surgeries, hospital stays, and rehabilitation. Victims might recover from the costs of their prescription medications, medical devices, and ongoing treatments like physical therapy. They can also recover for future expenses, like long-term or permanent injuries.
Property Damage
If your vehicle is damaged in an accident, you can recover the repair costs. This includes repair or replacement costs for damaged vehicles, personal property, or any other items involved in the accident.
Out-of-Pocket Expenses
Accident-related out-of-pocket expenses may be compensable for accident victims. Examples include transportation to medical appointments or the costs of hiring help for household tasks the victim can no longer perform.
Non-economic Damages
Non-economic losses are intangible and not easily quantified. These losses compensate for intangible damages and vary widely based on the case. Examples of non-economic damages can include the following:
Loss of Consortium
The victim's spouse can bring a loss of consortium claim. This is compensation for the impact of the accident on the victim’s relationship with their spouse or family members.
Loss of Enjoyment of Life
Loss of enjoyment of life is not quantifiable, but it is a compensable loss. Compensation for the inability to participate in hobbies, activities, or other aspects of life previously enjoyed.
Emotional Distress
An accident victim can receive compensation if they suffer from mental or emotional distress after an accident. Psychological effects like anxiety, depression, or post-traumatic stress disorder (PTSD) are all compensable losses after a car accident.
Pain and Suffering
Accident victims might recover from the pain and suffering they might endure after a car crash. Pain and suffering damages include the physical pain endured due to the injuries sustained in the accident.
Punitive Damages
Courts award punitive damages in cases where the at-fault party's behavior was particularly egregious, reckless, or intentionally harmful. These damages punish the wrongdoer and deter similar behavior in the future.
Examples of situations that might lead to punitive damages include the following:
- A company failing to maintain their vehicles despite knowing the risks.
- A driver operating the truck under the influence of drugs or alcohol.
Workers’ Compensation
If the victim is an employee (i.e., a garbage collector injured on the job), they may also be eligible for the workers’ compensation, which typically covers:
- Disability benefits (temporary or permanent).
- Partial income replacement.
- Medical expenses.
Wrongful Death Damages
If the accident is fatal, then the accident victim’s family can recover compensation depending on state law. If the accident results in a fatality, surviving family members may pursue compensation for:
- Emotional suffering.
- Loss of companionship or guidance.
- Loss of financial support.
- Funeral and burial expenses.
How Do I Pursue Compensation After a Dump or Garbage Truck Accident?
You should pursue compensation after suffering losses after an accident. You deserve compensation. Contact a personal injury lawyer and work with them to ensure that you get everything that you deserve after an accident.
Consider taking the following steps to get the full and fair compensation that you deserve after an accident:
Hire an Attorney
An experienced personal injury attorney can help maximize compensation and navigate complex legal processes.
Related article: Why You Need a Truck Accident Lawyer
Gather Evidence
Collect medical records, accident reports, photos, witness statements, and other relevant documentation.
Determine Fault
Identifying whether the truck driver, trucking company, or another party (i.e., a maintenance contractor) was negligent.
File a Claim
Work with insurance companies or file a lawsuit, depending on the case.
How Common Are Dump and Garbage Truck Accidents?
Dump and garbage truck accidents are fairly common across the country. According to the Federal Motor Carrier Safety Administration, garbage trucks are involved in thousands of crashes yearly. On average, fatal garbage truck accidents account for approximately 100 deaths every year in the United States.
Non-fatal injuries involving garbage trucks number in the thousands annually, often resulting in severe injuries to pedestrians, cyclists, and drivers of smaller vehicles.
As for dump truck accidents, according to the Federal Carrier Safety Administration, these vehicles are involved in approximately 8,000 to 10,000 crashes annually in the United States. Deadly dump truck accidents account for about 300-400 deaths every year. Property damage-only crashes involving dump trucks can number in the tens of thousands.
Who Is Most at Risk In Dump and Garbage Truck Accidents?
Certain groups are more at risk than others in dump and garbage truck accidents. Here are the most vulnerable groups of people in more detail:
Truck Drivers and Workers
Rollover accidents are risky, and truck drivers risk being struck by other vehicles or suffering injuries from equipment failure.
Drivers and Passengers In Smaller Vehicles
Smaller vehicles are more vulnerable to collisions with heavy trucks. Passengers and drivers of smaller vehicles may suffer serious injuries when they are in an accident with either a dump or garbage truck.
Pedestrians and Cyclists
Often, victims of these types of accidents, including pedestrians and cyclists, are at great risk of being struck during garbage collection.
How Can A Truck Accident Attorney Help Me?
A truck accident accident attorney can be instrumental in helping you navigate the aftermath of a dump or garbage truck accident. These professionals have experience in personal injury law and can provide professional guidance, representation, and support to maximize your compensation and ensure justice. Here is how they can assist:
Evaluate the Case
An attorney will review the details of your accident, assess the strength of your case, and determine potential legal strategies. Your lawyer will determine who is responsible: the truck driver, their employer, a vehicle manufacturer, or a maintenance provider.
Investigating the Accident
Truck accident attorneys can collect vital evidence such as vehicle maintenance records, accident scene photographs, traffic or surveillance camera footage, witness statements, and police reports. In complex cases, they may work with accident reconstructionists to determine exactly how the crash occurred. Your attorney will investigate whether negligence, such as driver error, improper vehicle maintenance, or poor loading practices, caused the accident.
Handle Communication and Negotiations
Attorneys will manage all communication with insurance companies to prevent you from being pressured into a lowball settlement. An attorney will work to secure a fair settlement that covers all your losses, including medical expenses, lost earnings, and pain and suffering.
Calculate Fair Compensation
Your attorney will calculate your total damages, including immediate medical expenses, future medical care for long-term injuries, lost earning capacity, and non-economic damages like pain, suffering, and emotional distress.
Representing You in Court
If you cannot reach a fair settlement, your attorney can file a lawsuit and represent you in court. They will build a strong case, present evidence, and advocate on your behalf. With their experience, they will work to secure the best possible outcome for you.
Protect Your Rights
Attorneys ensure that insurance companies or opposing counsel do not exploit you or use legal loopholes to minimize your claim. They will ensure you file your claim or lawsuit within the statute of limitations for your state.
Provide Peace of Mind
An attorney will help by handling the legal complexities, and your attorney will allow you to focus on recovering from your injuries. They will explain your rights, keep you informed, and ensure you make sound decisions throughout the process.
How Long Do I Have To Sue After a Dump or Garbage Truck Accident?
You do not have unlimited time to sue for your injuries after an accident. Time is of the essence, so contact a truck accident lawyer promptly after a crash. Every plaintiff must comply with the applicable statute of limitations in their case. The statute of limitations is a deadline for filing a lawsuit after a crash. Working with an attorney is the best way to ensure you comply with all the important procedural rules to protect your case from being dismissed on technical grounds.
Contact A Truck Accident Lawyer Today!
If an accident involves you, hire an attorney. There is no reason for you to go it alone when you pursue financial compensation after an accident. Contact and work with an experienced lawyer to get the best results after an accident. Do not delay. Call a lawyer today.