Garbage trucks play an essential role in keeping our communities clean. These vehicles operate in residential and commercial areas, collecting and transporting waste to disposal sites. However, like any other vehicle on the road, garbage trucks can also be involved in accidents resulting in severe injuries, fatalities, and property damage.
It might be hard to believe garbage trucks can figure in accidents–but they can, and when they do, the damages can be quite devastating. That said, it’s good that specialists like garbage truck accident lawyers are around to help deal with the fallout. This blog post explores legal considerations associated with garbage truck accidents and how potential victims can fight for compensation.
Causes of Garbage Truck Accidents
Numerous factors may cause or contribute to a garbage truck accident. Some of the common causes include:
1. Poor Maintenance – Garbage trucks are heavy vehicles that require regular maintenance to ensure their safe operation. If a garbage truck lacks proper care, such as worn brakes or a faulty lighting system, it can easily cause an accident.
2. Driver Negligence – Garbage truck drivers have a massive responsibility while operating these heavyweight machines. They must follow all safety rules while driving and ensure the workers outside the vehicle are not at risk.
3. Blind Spots – Due to the size and design, it’s challenging for a garbage truck driver to see pedestrians or cyclists turning corners or backing up.
Legal Implications of Garbage Truck Accidents
If you were injured in a garbage truck accident due to someone else’s negligence, you may be entitled to compensation for your damages under personal injury law. Below are some legal implications related to garbage truck accidents:
1. Liability Determination
In most cases involving car crashes and other automobile-related mishaps that involve private cars or light trucks (SUVs/pickup), liability is usually determined through analysis of traffic laws mishandling by the driver(s) involved, with one driver being typically deemed negligent than others based on specific circumstances surrounding those events leading up until impact with another object/person(s). However, this approach makes it more difficult to determine who is at fault when dealing with larger commercial vehicles like garbage trucks.
Garbage truck accidents can be very complicated, and different parties may have various levels of culpability. For instance, the garbage truck driver might bear some responsibility if they were texting while driving or failing to signal a turn. Likewise, the garbage management company that owns the vehicle or supervises/controls the driver’s activities may also be partially liable if they fail to provide adequate training or maintenance on their equipment.
2. Comparative Negligence / Contributory Negligence
In some states like Virginia and Alabama, the plaintiff’s negligence bars them from making successful personal injury claims. Thus plaintiffs could recover less compensation when their actions contributed significantly towards an accident.
However, most states operate under the Modified Comparative Negligence Doctrine (49 states) that allows plaintiffs with a contribution percentage of 50% towards an accident recovery up compensation subject to reduction due to this deductible by one-half of his proportionate share of negligence (thus barred from the reimbursement if over 50%) except Arkansas being sort only allowing a maximum contributory percentage limit capped at 49%.
Suppose you’re injured in a garbage truck-associated accident. In that case, you may undergo many losses and hardships such as medical expenses/rehabilitation, physical therapy/reduced earning potential caused by spending time away from work due to injuries sustained – all loss calibrations considered for monetary compensation during legal proceedings about fault determination.
Gaining a comprehensive understanding of garbage truck accidents and the associated legal considerations is crucial for all stakeholders involved. These accidents can result in significant property damage, severe injuries, and even loss of life. Recognizing the unique circumstances surrounding garbage truck accidents, such as the size and weight of the vehicles involved, the complex regulations governing waste management, and the potential involvement of multiple parties, is essential in determining liability and pursuing legal recourse.
The legal considerations in garbage truck accidents may involve evaluating factors such as driver negligence, inadequate training, poor vehicle maintenance, or the potential liability of waste management companies or municipalities.