Accidents involving garbage trucks often occur. Many of these incidents happen in residential areas that are highly populated. Collisions can occur in situations where the garbage truck is making multiple sudden stops, or the vehicle is on the wrong side of the roadway to pick up the trash. If the garbage truck driver does not keep a proper lookout for traffic around them, they can cause a severe collision.
Following a collision with a garbage truck, you should speak to a seasoned truck accident attorney about your legal options. An experienced San Antonio garbage truck accident lawyer can help you hold the negligent party accountable. With the help of a local attorney, you may be eligible to recover compensation.
A personal injury claim can depend on whether the trucks are owned and operated by the city and city employees or the city has hired a private company to provide the waste management services to the city residents. If the garbage service or waste management service is owned and operated by the city itself, then the claim would be filed against to city government or municipality. These types of claims are governed by the Texas Tort Claims Act, which has a number of specific requirements for suing a government entity.
Under the Texas Tort Claims Act, the claimant must give notice within six months of the date of the incident. Local governments can have their own notice requirements. If a notice of claim is not timely given, your claim can be denied.
The Texas Tort Claims Act limits the total amount of damages a claimant can receive after an accident. In general, the damage cap is $250,000 per person/$500,000 per incident when the state is the defendant, and $100,000/$300,000 for cities and smaller government agencies.
The Tort Claims Act contains several exclusions and exceptions for some government actions, such as emergency activities (like police and fire) and school buses. In the case of garbage trucks, the Tort Claims Act does not protect waste management companies, unless their contract states otherwise.
After a garbage truck accident, your first step should be having your injuries treated by a doctor. Next, you need to speak with an attorney. Do not assume that because the garbage truck was owned by a private company, the Texas Tort Claims Act does not apply in your case.
Your attorney can determine whether or not the waste management company has a contract with the city or county that would allow you to file legal action against the city. This is not something a driver would know when you exchange insurance information.
Whether you are filing an ordinary insurance claim or a claim under the TTCA, there are certain steps you must follow. Your attorney can help you with these steps.
Complete your insurance claim. Texas is an at-fault state, meaning the driver responsible for the accident must pay for the other driver’s injuries. You will send your claim form to the truck driver’s insurance company, along with all supporting documentation. Your attorney can help ensure that all documents are included with the claim form.
If your claim is rejected or denied, your attorney will help you with the appeals process. If necessary, you can take the case to trial. Our legal team prepares all personal injury claims with a trial in mind, so that your case is prepared even before we begin the negotiation process.
Your claim must be filed within 180 days for a state government case, and possibly as few as 30-90 days for a city case. Before filing your claim, your attorney must send a Notice of Claim letter, advising the government that you plan on filing a lawsuit. After the Notice of Claim, you must send them the following information:
The city or agency will investigate your claim. If they agree with your claim, they will pay your damages. If they disagree, you may continue with your legal action.
If you file legal action against a government entity, you can receive economic and non-economic damages. Exemplary (punitive) damages are not available against the government.
The type of injuries sustained in a garbage truck collision are the same type of injuries in a regular truck accident. The typical injuries include:
If the collision occurs due to a mechanical issue and the dumpster fell off the forklift, then there may be some very significant and catastrophic injuries. This can include traumatic brain injuries (TBI) and spinal trauma.
There are many causes of a garbage truck accident. The most common cause of a collision is due to driver inattention. If you were injured in a collision involving a garbage truck, you should seek assistance from a knowledgeable attorney in your community. Schedule a consultation with a San Antonio garbage truck accident lawyer to discuss your case.
