Garbage trucks are essential for maintaining sanitary living conditions throughout New York City. New York City’s Department of Sanitation (DSNY) is responsible for garbage collection in the city and is the largest sanitation department in the world. With a fleet of 2,200 vehicles, DSNY picks up roughly 12,000 tons of trash and recycling every day.
With an average weight of three times that of a passenger vehicle, an accident with a garbage truck can be devastating. The trucks don’t just drive, they stop and start constantly and pick up trash throughout their route. New York City streets are much narrower than other cities, making navigation even more difficult for the trucks. Unfortunately, their ordinary but sizeable form means that accidents with passenger vehicles are unavoidable.
While many of the accidents are minor, with things like broken mirrors and sideswipe damage, garbage trucks are also involved in more serious accidents.
Accident Liability With A Garbage Truck
While motorists are commonly involved in an accident with a DSNY vehicle, pedestrians, bicyclists and even the trash collection workers themselves can also be seriously injured by a garbage truck.
The size of the truck and the height at which the driver sits means that there are multiple “blind spots” that they cannot always see what’s close to the ground. Because stopping and starting are required for picking up trash at every location, many drivers behind the garbage trucks do not realize that it would be stopping suddenly. This can lead to a rear-end collision.
Your first thought maybe that the driver would be responsible, but that may not always be the case. Much will depend on the circumstances of the accident. The driver may have caused the accident, but it also might be because of a defect in the truck itself. Alternately, liability may lie with the owner of the truck, which could be a public municipality or a private company that operates the truck and the trash collection service.
How Garbage Truck Accidents Happen
The most frequent reasons for a garbage truck accident are:
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- Weather conditions. No matter what the weather in New York, garbage collectors are out picking up trash and recycling in any kind of weather, all year long. Weather conditions such as rain, sleet, snow, wind, and hail can reduce the driver’s visibility and move hazardous materials and debris into streets, and lead to slick roads and other dangerous conditions.
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- Driver Negligence. New York State sets out rules that drivers of garbage trucks must follow. However, if a driver that is overly tired, fatigued, or distracted on the job makes a mistake that ended an accident, that driver could be found liable. Speeding, distractions, ignoring stop signs and traffic lights, and other traffic violations can result in an accident.
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- Inadequate maintenance on vehicles. Should the truck’s owner company or their fleet manager failed to keep the garbage truck in good working condition, they can be held liable. This is especially true for truck brakes, which are subject to constant stopping during operation. If the brakes are not properly maintained, and the truck can’t stop properly, it can lead to an accident.
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- Defective parts. if a company that manufactured parts for the garbage truck sold the truck’s owner or company defective parts, that led to an accident, such as brake pads or tires, the parts company can be held liable for the accident.
- Road hazards. Well-maintained roads can make all the difference for a garbage truck on its route. But if the streets are not in good condition, the risk of an accident increases greatly. For instance, if a garbage truck encounters a pothole, incorrect or missing signs, or another hazard, and has an accident as a result, the local municipality responsible for road maintenance may bear responsibility for the accident.
Because garbage trucks are so large and heavy, accident victims may experience crush accidents, broken bones, lacerations, amputations, head, and brain injuries, to name a few.
Can You Sue After A Garbage Truck Accident In New York City?
You can, and you can collect damages for your injuries, medical expenses, lost, wages, and other expenses. However, you must act quickly because you will only have 90 days to file your intent form notifying the City that you are interested in filing a claim.
Understand that an accident case like this is not always clear-cut. There may be more than one liable party to contend with. The garbage truck driver, the City, the truck’s manufacturer, or a private waste management firm may be liable and held accountable for paying compensation. This will depend on the circumstances of the accident.
What To Do After An Accident With A Garbage Truck
If you are injured in an accident with a garbage truck, there are a few things you need to do:
- Even if you believe you’re not seriously injured, seek medical treatment as soon as possible. If you are injured, seriously, there’s a good chance that you will be transported by ambulance to an emergency room.
- If you are physically able, use your cell phone to take photos of the accident, the vehicles involved, the surrounding area, and all physical injuries.
- Again, if you are physically able to, also collect names, addresses, emails, and phone numbers of all the parties at the scene of the accident. This includes any witnesses. Also, remember the police officers, request their names and badge numbers of all that report to the scene.
- Make a report with your own insurance company. However, do not speak to or give a statement to the other party’s insurance company until you have spoken with the New York City personal injury attorney. Once you hire an attorney, refer all calls from insurance companies and adjusters to your attorney.
- When it’s ready, request a copy of the police report for your accident
- Keep a detailed record of your medical appointments, follow-up visits, and medical treatment related to the accident.
- A record of all. Your expenses. Related to the accident. This includes lost wages, time off work, related medical expenses, travel expenses for medical treatment, and any other costs related to your injuries from the accident.
- Keep a record of any property damage, such as phone, jewelry, glasses, or other personal property that may have been damaged in the accident, including costs and repairs.
Keeping good records and gathering as much information as you can help your attorney investigate your case and get a clear picture of what happened.
Find A Garbage Truck Accident Attorney In New York City
If you or a loved one have been involved in a garbage truck accident in New York City, it’s imperative that you contact a personal injury attorney immediately. You have a short time frame in which to file your claim. If you miss the deadline, you can lose your opportunity for compensation.
BigLawsuit’s experienced attorneys can help after a crash with a New York City garbage truck. Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and let you know about your legal options for free with no obligation.