Garbage trucks are essential in our everyday lives. However, due to their large size and frequent stops, accidents with garbage trucks are a risk anywhere these vehicles operate. According to the Federal Motor Carrier Safety Administration (FMCSA), garbage trucks were involved in 107 fatal accidents and over 1,400 accidents involving injuries across the U.S. in 2017.
Garbage truck drivers are expected to exercise reasonable care not to injure other road users. If you or your loved one was injured in a garbage truck accident and you were not at fault, you may be entitled to compensation for your damages.
A New York garbage truck accident lawyer from Morelli Law Firm may be able to manage your insurance claim or lawsuit after this type of accident. When we work together, Morelli Law Firm can manage all aspects of your case so that you can focus on your healing.
Contact Morelli Law Firm at (212) 751-9800 for a free consultation on your case with a member of our team. We may be able to offer you representation on a contingency-fee-basis with no up-front payments required.
Negligence and Liability in a Garbage Truck Accident
In any compensation claim, you may need to prove that a responsible party was negligent in order to recover compensation. In a garbage accident, the responsible party could include:
The Garbage Truck Driver
Garbage truck drivers must follow the rules of the road. Any violations of traffic law by a garbage truck driver may qualify as negligence. This may include:
- Speeding
- Failure to yield
- An illegal turn or lane change
- Running a red light or stop sign
- Driving while drunk or intoxicated
- Texting and driving
- And more
If a driver is found to have acted negligently and caused your accident, they may be held liable for your injuries. However, due to the legal principle of vicarious liability, if the truck driver caused the accident while working, their employer may be legally liable for the accident.
The Garbage Truck Company
In addition to the scenario of vicarious liability mentioned above, a garbage truck company may be liable for an accident caused by:
- A failure to maintain vehicles
- A failure to hire trained and licensed drivers
- Pressuring drivers to break laws regarding maximum hours
- Other negligent acts
Another Negligent Party
Occasionally, a garbage truck accident may be caused by a mechanical failure due to a negligent mechanic or a defective product. A negligent municipality may also be liable if the accident was caused by a road hazard.
Morelli Law Firm can investigate your accident and identify the responsible party when we represent you. If you believe someone else’s negligence caused your accident, call us today at (212) 751-9800 for a free case review with our car accident team.
Building Your Garbage Truck Accident Case
A New York garbage truck accident lawyer from Morelli Law Firm can collect evidence of the responsible party’s liability when we represent you. This may include:
- Photos or videos from the scene of the accident
- Evidence from the garbage truck company
- Witness statements
- The police report
- Your medical records
- Testimony from accident reconstruction experts
- And more
Comparative Negligence
Per NY Civil Practice Law & Rules (CVP) § 1411, New York uses a system of comparative negligence in personal injury cases. This means that even you were partially at-fault for your accident, you may still be able to recover compensation for your damages. However, the amount of compensation you may be awarded could be reduced by the percentage in which you were at fault.
For example, if a judge decides that you were 25% at fault for an accident and that your damages are valued at $100,000, your court award may be reduced by 25% to $75,000.
Morelli Law Firm can collect evidence of the full extent of the responsible party’s liability in your garbage truck accident.
New York Garbage Truck Accident Lawyer Near Me 877-751-9800
Things to Do After a Garbage Truck Accident
The following steps may help protect your health and your legal rights after a garbage truck accident:
Seek Medical Help
Make sure to seek medical attention as soon as possible after your accident. However minor your injuries may seem at the moment, they may require treatment, and you could have other injuries that you do not yet recognize.
Post-accident documentation of your injuries in your medical report can also be used as evidence in your case.
Make an Official Report
If the police did not respond to the scene of your collision, you may wish to contact them and report the accident afterward. A police crash report may also be entered as evidence in your case.
Retain Evidence from the Accident
Retain any photos or videos you have of the accident scene or your injuries and any contact information you have from witnesses. Retain all receipts from your accident-related expenses as well.
Recoverable Damages in Your Case
Morelli Law Firm can help you evaluate your damages and collect evidence of their value. Depending on the details of your accident and your injuries, the recoverable damages in your case may include:
- Medical care bills
- Lost wages
- Property damage
- Pain and suffering
- And more
If you lost a loved one in a garbage truck accident, Morelli Law Firm may be able to help you file a wrongful death lawsuit. The recoverable damages in this type of case may include:
- Burial and funeral costs
- Cost of pre-death medical care
- Loss of services
- And more
Morelli Law Firm May Be Able to Handle Your Case
If you qualify, a New York garbage truck accident lawyer from Morelli Law Firm can handle all aspects of your personal injury or wrongful death case.
To learn about your legal options in a free consultation with a member of our team, call Morelli Law Firm at (212) 751-9800.