Who Is Liable for Injuries Caused by a Garbage Truck?

As truck accident attorneys, we frequently encounter cases involving injuries caused by garbage trucks. When accidents involving these large vehicles occur, determining liability can be a complex task. Understanding the various parties involved and their potential responsibilities is crucial in pursuing a successful claim on behalf of the injured party. In accidents with garbage trucks, there are several potential parties that may be liable for any injuries caused by the crash, and there are different legal implications depending on which one/s are determined to be responsible.

What makes garbage trucks dangerous?

Garbage trucks, while essential for waste management, can pose significant dangers on the road. Since 1984, the Occupational Safety and Health Administration (OSHA) has diligently recorded a significant number of accidents related to garbage trucks. With a staggering count of over 800 individual incidents documented, it is disheartening to note that a substantial portion of these accidents have resulted in tragic fatalities. OSHA’s comprehensive tracking serves as a testament to the inherent risks and potential dangers associated with garbage truck operations. While garbage trucks pose a lot of the same dangers as most commercial trucks, there are several other factors contribute to their potential hazards:

• Size and weight. Garbage trucks are large, heavy vehicles that can weigh up to 33 tons when fully loaded. Their sheer size and weight make them more difficult to maneuver and stop compared to smaller vehicles. This increases the risk of accidents and the potential for severe damage and injuries in collisions.
• Limited visibility. Garbage trucks often have blind spots or limited visibility due to their size and design. The driver’s field of vision may be obstructed, especially in the areas surrounding the truck, such as the rear and sides. Pedestrians, cyclists, and even other vehicles may go unnoticed, leading to accidents during turns, lane changes, or backing up.
• Slow operation and frequent stops. Garbage trucks operate at a slower pace than regular traffic. They make frequent stops to collect waste, which can create unpredictability on the road. Other drivers may not anticipate these sudden stops or underestimate the time it takes for a garbage truck to complete its collection process, resulting in rear-end collisions or other accidents.
• Backing up hazards. Garbage trucks often need to reverse or back up to access waste containers or maneuver in tight spaces. This maneuvering can be dangerous, as it increases the risk of striking pedestrians, parked vehicles, or objects in the truck’s path. Due to limited visibility, drivers may have difficulty detecting obstacles or individuals behind the truck.
• Falling debris and unsecured loads. Garbage trucks transport a wide range of waste materials, including loose trash and bulky items. If the waste is not properly secured or contained within the truck, it can fall onto the road during transportation. Flying debris can pose a hazard to other vehicles, pedestrians, and even cause accidents by obstructing the visibility of drivers.
• Noise and distractions. Garbage trucks often emit loud noises during their collection process, including beeping sounds when reversing. The noise can be distracting for both the garbage truck driver and other road users, potentially leading to reduced attention and increased risk of accidents.
• Hazardous materials. Garbage trucks may also handle hazardous waste materials, such as chemicals or biomedical waste. If not properly managed or contained, these materials can pose risks to both the environment and the individuals involved in waste collection and transportation.

To mitigate these dangers, it is crucial for garbage truck operators to prioritize safety measures such as regular vehicle maintenance, driver training programs, adherence to traffic laws, and proper waste containment practices. Additionally, other drivers and pedestrians should exercise caution when sharing the road with garbage trucks, maintaining a safe distance, and being aware of the truck’s blind spots.

Who is responsible for my garbage truck accident?

While it might be the easiest to place the blame of the accident on the operator of the truck, there is a possibility that others may also be liable for any damage or injuries you sustained. Some of those parties who may very likely carry some liability include the:

• Truck driver. The first party to consider in determining liability is the garbage truck driver. Like any other motor vehicle accident, if the driver of the garbage truck was negligent and their actions directly caused the accident and resulting injuries, they may be held liable. Negligence can include actions such as distracted driving, speeding, reckless driving, or driving under the influence of drugs or alcohol. It is important to thoroughly investigate the driver’s conduct leading up to the accident and gather evidence to establish their liability.
• Truck company. The garbage truck company, often referred to as the employer, can potentially be held liable for injuries caused by their employee’s negligence. Under the legal doctrine of “vicarious liability” or “respondeat superior,” employers can be held responsible for the actions of their employees performed within the scope of their employment. If it is determined that the garbage truck driver was acting within their employment duties at the time of the accident, the company may be held liable for the resulting injuries.
• Truck owner. In some cases, the garbage truck driver may not be the actual owner of the vehicle. If the truck is owned by a separate entity, such as a leasing company or a waste management company, the owner may share liability for the accident. Owners have a responsibility to properly maintain the vehicle, ensure it is in good working condition, and provide necessary training to the driver. Failure to fulfill these obligations could potentially render the owner liable for injuries caused by the garbage truck.
• Vehicle manufacturer and maintenance companies. If the accident was caused by a mechanical failure or defect in the garbage truck, liability could extend to the vehicle manufacturer or companies responsible for maintenance and repairs. Defective brakes, faulty steering systems, or other mechanical issues can lead to accidents and injuries. In such cases, a thorough investigation is necessary to identify any potential manufacturing or maintenance errors that contributed to the accident.
• Government entities. Garbage trucks are often operated by government entities or agencies responsible for waste management. In accidents involving government-owned garbage trucks, specific rules and regulations may apply. It is essential to determine if the government entity was negligent in their hiring, training, or supervision of the driver, or if there were issues with vehicle maintenance. Filing a claim against a government entity requires adherence to specific procedures and deadlines, as well as overcoming potential immunity defenses.
• Third-party contractors. In some situations, garbage truck operations may involve third-party contractors responsible for collection or other related tasks. If the accident was caused by the negligence of these contractors, they may bear liability for the resulting injuries. Determining the relationship between the contractors and the garbage truck company is vital in understanding their respective responsibilities and potential liability.
• Other potentially liable parties. Depending on the specific circumstances of the accident, other parties may also share liability. These parties can include vehicle parts manufacturers, maintenance facilities, road construction companies, or even other drivers involved in the accident. Conducting a thorough investigation with the help of accident reconstruction experts can help identify any additional parties that may be held accountable.

It is important to note that determining liability in garbage truck accidents requires a comprehensive examination of the facts, evidence, and applicable laws. Each case is unique, and the specific circumstances surrounding the accident will dictate the potential liability of the involved parties. Truck accidents often leave people with catastrophic injuries, unable to return to work and saddled with egregious hospital bills. Consulting with an experienced truck accident attorney is crucial to securing every bit of compensation you deserve.

Please contact Paulson & Nace, PLLC by calling our office or by filling out this contact form.