Residents see garbage trucks and dump trucks virtually every day. They are a regular part of life in any city like New York. Unfortunately, both garbage and dump trucks will cause devastating injuries when they strike pedestrians or even lighter vehicles in their path. Many innocent people end up strapped to a gurney and loaded into the back of an ambulance after a fateful crash with one of these vehicles.
Call Poltielov Law Firm P.C. to schedule a consultation. You might be able to sue for injuries and property damage. We can explain more about the claims process in a confidential setting.
Understanding Garbage Truck and Dump Truck Accidents in New York City
Garbage truck accidents happen more often than most people realize in New York City. These large commercial vehicles weigh thousands of pounds and create serious hazards on busy streets. Dump truck accidents also occur frequently at construction sites and on highways throughout the city. When these massive vehicles collide with smaller cars or pedestrians, the results can be deadly.
Truck accident victims face long recoveries and mounting bills. Serious injuries from these crashes often require months of treatment and therapy. Some people never fully recover from their truck accident injuries. The physical, emotional, and financial toll can be overwhelming for families.
Commercial truck accidents involving sanitation or construction vehicles are different from regular car crashes. These cases require a New York truck accident lawyer who understands the complex rules that govern commercial vehicles. Our law firm has helped many accident victims get the money they deserve after being hurt by large trucks.
Why Accidents Happen
These collisions often stem from:
- Driver distraction
- Speeding
- Driver fatigue
- Failure to yield the right of way
- Drunk driving
- Running a red light
- Failure to observe surroundings
- Going the wrong way
Some dump trucks can also overturn when they raise their box. Material is supposed to slide effortlessly out the bottom. But if the material gets stuck with the box raised, then the truck could topple onto its side and land on anyone standing nearby.
Common Causes of Sanitation Truck Accidents
Sanitation truck drivers face unique challenges on New York City streets. They make frequent stops to collect waste and often work early morning hours when visibility is poor. Distracted driving is a major problem because operators must pay attention to both traffic and the collection process. Some truck drivers rush to complete their routes and make careless mistakes.
Sanitation trucks have large blind spots that make it hard to see smaller vehicles and pedestrians. When a truck driver fails to check these blind spots before turning or backing up, serious truck accidents can happen. Many garbage truck accidents occur when the vehicle backs into someone or crushes a car during a turn.
Why Dump Truck Crashes Are So Dangerous
Dump truck operations create special risks on construction sites and public roads. These vehicles carry heavy loads of dirt, gravel, or debris that can shift during transport. When cargo is not properly secured, it can cause the truck operator to lose control. Overloaded dump trucks are particularly dangerous and violate safety regulations.
The raised box on a dump truck creates additional hazards. If the box is not fully lowered before the vehicle moves, it can strike overhead power lines or bridges. This type of truck accident can cause catastrophic injuries to the driver and anyone nearby. Some dump truck crashes happen when material spills onto the roadway and causes other vehicles to lose control.
Determining Fault
Being struck by a dump truck or garbage truck is a life-altering experience. Many people will struggle with massive car damage and ongoing disabilities. Because these accidents are expensive, many victims naturally want to know if they can sue for compensation.
At Poltielov Law Firm P.C., we can help identify fault. “Fault” is a legal principle meaning responsibility. The following people are typically responsible for a collision:
- Truck drivers. Like anyone else, those operating sanitation vehicles or dump trucks can easily make a mistake behind the wheel, which leads to an accident. These are stressful jobs. Many dump truck drivers are racing to a jobsite, while sanitation workers are trying to finish up a shift in a timely manner. Mistakes do happen, and we might blame the driver for crashing into you.
- Employers. The trucker’s employer could ultimately be liable for the crash. New York makes most employers automatically liable when their employee negligently hurts someone on the job.
- Truck owner. In other cases, a defect in the truck will lead to an accident. These vehicles require timely repairs to run normally. By trying to cut corners, some owners delay necessary repairs and are at fault.
- Truck manufacturer. The truck might have been defective as soon as it left the factory. A defective design could make the truck dangerous to drive, or poor construction renders the vehicle a danger on the road.
Multiple Parties Can Be Held Responsible
Truck accident cases often involve more than one liable party. The truck driver might have been speeding or texting while driving. The trucking company could have failed to properly maintain the vehicle or train its drivers. In some situations, a parts manufacturer is responsible if faulty brakes or steering caused the truck crash. Your truck accident lawyer will investigate all possible sources of liability insurance to recover compensation.
New York City itself can sometimes be sued if poor road conditions contributed to a garbage truck accident. Potholes, missing signs, or broken traffic signals can all play a role in causing accidents involving large trucks. An experienced truck accident lawyer knows how to identify all parties who share responsibility for your truck accident injuries.
What to Do after an Accident
Any collision could be catastrophic, and victims might lie helplessly as they wait for an ambulance. However, you might still be able to walk around after a crash. We recommend trying to do as many of the following steps as possible:
- Get information from the driver who hit you. Ask for name, company name, and insurance information. You can also write down the number of the truck.
- Talk with witnesses and ask if you can contact them later. Their perspective is often useful for trying to untangle what happened.
- Call the police to report the accident. An officer should visit the scene and write up a crash report.
- Document the damage to your car. Using your phone, take pictures of your car, the truck, and anything else that looks relevant.
- Go to the hospital when you finish with the police. The sooner you begin receiving treatment, the better.
- Avoid giving a statement to any insurance adjuster. They might try to trip you up or plant false memories. You should only answer their questions when you hire an attorney.
Importance of Documenting the Accident Scene
Photos and videos from the accident scene provide powerful evidence for your truck accident claim. Take pictures of all vehicles involved, any skid marks on the road, and traffic signals or signs. If the garbage truck or dump truck has company logos or identification numbers, photograph those as well. Document any visible injuries you have, including cuts, bruises, or swelling.
Police reports are another critical piece of evidence in truck accident cases. The responding officer will note details about how the accident occurred, witness statements, and any traffic violations. Make sure you get the report number and the officer’s name before leaving the scene. Your accident lawyer will need this information to request a copy of the full report later.
Seeking Immediate Medical Attention
Even if you feel okay after a truck wreck, you should still see a doctor right away. Some serious injuries like internal bleeding or traumatic brain injuries do not show symptoms immediately. Delaying treatment can make your injuries worse and give the insurance company reason to deny your truck accident claim. Medical records also provide proof of your injuries and their connection to the truck accident.
Keep copies of all medical bills, prescription receipts, and treatment records. These documents show the full extent of your truck accident injuries and help calculate fair compensation. If you need ongoing care, your doctor should document recommendations for future medical expenses as well.
Types of Injuries from Garbage Truck and Dump Truck Accidents
Truck accident injuries can range from minor cuts and bruises to life-altering injuries that permanently change someone’s life. Catastrophic injuries like spinal cord damage, amputations, and severe burns often result from collisions with large trucks. Traumatic brain injuries are also common when someone’s head strikes the dashboard or window during impact.
Broken bones, crushed limbs, and internal organ damage are frequent in garbage truck accidents. The force of impact from these heavy vehicles can cause more serious injuries than typical car crashes. Some truck accident victims require multiple surgeries and months of physical therapy to recover. Others face permanent disabilities that prevent them from working or enjoying activities they once loved.
Long-Term Effects on Victims
Severe injuries from truck accidents can affect every aspect of a person’s life. Chronic pain, limited mobility, and cognitive problems can last for years or forever. Many accident victims struggle with depression and anxiety after experiencing such a traumatic event. The emotional scars can be just as painful as the physical ones.
Lost wages add to the financial burden when injuries prevent someone from working. Bills pile up while income disappears. Some people can never return to their previous jobs because of their truck accident injuries. They may need job retraining or face a lifetime of reduced earning capacity.
Calculating Fair Compensation
To help your legal team, please share with them:
- Paystubs, contracts, or bank statements to establish lost income
- Medical bills and prescription drug receipts to show the full cost of medical care
- Car repair bills or estimates
- Rental car expenses
These documents help our team calculate the economic losses you have suffered. Ideally, we will request that the defendant pay 100%.
We can also request money for pain and suffering. Most bodily injuries cause pain, anguish, sleeplessness, anxiety, and mental stress. There is no simple way to value this type of suffering, but we have decades of experience to identify when an insurer can pay more.
One factor that can reduce compensation: your comparative negligence. You might have been distracted, which contributed to a wreck. New York law will reduce your damages in proportion to your degree of fault.
Economic Damages in Truck Accident Cases
Economic damages in truck accident cases include all the money you spent or lost because of the crash. This covers current and future medical expenses, prescription medications, and assistive devices like wheelchairs or walkers. Lost wages are a major part of economic damages. If your truck accident injuries prevent you from returning to work, you deserve payment for that lost earning power.
Truck accident victims may also claim costs for home healthcare, transportation to medical appointments, and modifications to their homes. A truck accident attorney will calculate all these expenses to ensure you seek maximum compensation. Truck accident settlements should reflect the true cost of your injuries and losses.
Non-Economic Damages for Pain and Suffering
Pain and suffering damages compensate truck accident victims for losses that do not have a clear dollar value. Physical pain, emotional distress, and loss of enjoyment of life all fall into this category. Some accident victims develop post-traumatic stress disorder or anxiety about driving after a serious truck accident.
New York law allows injured people to seek fair compensation for these intangible losses. The amount depends on how severe your injuries are and how they affect your daily life. An experienced accident lawyer knows how to present this evidence to juries and insurance companies.
The Legal Process for Truck Accident Claims
Filing a personal injury claim after a garbage truck accident involves several important steps. First, your truck accident attorneys will investigate the crash and gather evidence. This includes obtaining police reports, medical records, and any video footage from the accident scene. Your lawyer will also request information from the trucking company, including driver logs and vehicle maintenance records.
Next, your attorney will send a demand letter to the insurance company explaining why their insured is responsible and how much money you deserve. The insurance company will either accept, reject, or make a counteroffer. Most truck accident cases settle during negotiations, but some require filing a truck accident lawsuit in court.
Why You Need a Specialized Truck Accident Lawyer
Garbage truck accidents and dump truck crashes are more complex than regular car accidents. These cases often involve commercial vehicles subject to special regulations and insurance coverage requirements. Many personal injury attorneys do not have experience with these unique aspects of commercial truck accidents. You need a lawyer who understands the specific laws that apply to sanitation trucks and construction vehicles.
Our NYC truck accident lawyers have handled hundreds of truck accident cases throughout New York City and the surrounding areas. We know how to investigate these crashes, identify all liable parties, and fight for maximum compensation. Our legal team works with accident reconstruction experts and medical professionals to build the strongest possible case.
Dealing with Insurance Companies
Insurance companies often try to pay truck accident victims as little as possible. They may contact you soon after the accident and pressure you to accept a quick settlement. This offer is usually far less than what your truck accident case is worth. A New York City truck accident lawyer knows the tactics insurers use and will fight back on your behalf.
Your accident lawyer will handle all communication with the insurance company so you can focus on healing. They will negotiate for fair compensation that covers all your losses. If the insurance company refuses to make a reasonable offer, your law firm can file a truck accident lawsuit and take the case to trial.
Special Considerations for New York City Truck Accidents
New York City truck accidents present unique challenges because of the dense traffic and complex road systems. The heavy volume of commercial vehicles moving through the area increases the chances of accidents. Narrow streets and congested highways make it harder for truck drivers to operate safely. New York City has specific rules and regulations for large trucks that do not apply in other areas.
NYC truck accident cases often involve multiple vehicles and witnesses. Busy intersections and crowded streets mean there are usually people who saw what happened. Security cameras from nearby businesses can provide valuable video evidence. Your truck accident lawyer will work quickly to gather this evidence before it disappears.
Common Locations for Garbage Truck and Dump Truck Accidents
Garbage truck accidents happen most often in residential neighborhoods during early morning collection hours. Sanitation trucks make frequent stops and backups that create risks for other vehicles and pedestrians. Many accidents occur at intersections when the truck driver fails to see a car in their blind spot. School zones are particularly dangerous because children may not notice a large truck approaching.
Dump truck crashes frequently happen near construction sites and on highways leading to and from these locations. These vehicles travel between multiple job sites throughout the day. Tired drivers and tight schedules increase the risk of accidents involving commercial trucks. Some dump truck accidents occur when material spills onto the roadway or when the truck’s raised box strikes an overhead obstacle.
Understanding Insurance Coverage in Truck Accident Cases
Commercial trucks typically carry much higher insurance coverage than regular passenger vehicles. New York law requires commercial vehicles to maintain substantial liability insurance to cover potential accident victims. This is good news for injured people because it means more money may be available to pay for their losses. However, higher insurance coverage also means the insurance company will fight harder to avoid paying claims.
Some garbage truck and dump truck operators are independent contractors rather than employees of a trucking company. This can complicate questions about insurance coverage and liability. Your truck accident attorney will investigate the relationship between the driver and their employer to determine who is responsible and what insurance coverage applies.
Multiple Insurance Policies May Apply
In many truck accident cases, several different insurance policies could provide compensation to accident victims. The truck driver may have their own liability insurance. The trucking company or vehicle owner usually carries a separate commercial policy. If another driver contributed to causing the accident, their insurance might also be responsible. An experienced truck accident lawyer will identify all available insurance coverage to recover compensation for your injuries.
Sometimes, the at-fault party does not have enough insurance to fully compensate seriously injured victims. In these situations, your own underinsured motorist coverage may provide additional money. Your personal injury attorneys can help you understand all potential sources of compensation and make claims against each one.
What Makes Our Law Firm Different
Our law firm believes in aggressive representation of accident victims and their families. We understand that truck accident victims face enormous challenges after being hurt by a garbage truck, dump truck, or other large commercial vehicle. Medical bills pile up while you cannot work. The insurance company pressures you to settle for less than you deserve. You need someone in your corner fighting for your rights.
We work on a contingency fee basis, which means you pay nothing unless we win your case. This allows injured people to afford quality legal representation without worrying about upfront costs. Our experienced truck accident lawyers handle all aspects of your personal injury claim so you can focus on healing. We investigate the accident, gather evidence, negotiate with insurance companies, and take cases to trial when necessary.
Our Track Record in Truck Accident Cases
Our NYC truck accident lawyers have helped countless clients recover compensation after serious truck accidents. We have handled truck accident cases involving sanitation trucks, dump trucks, delivery trucks, tow trucks, and tractor-trailer vehicles. Our legal team knows how to build strong cases that result in maximum compensation for our clients.
We have achieved substantial truck accident settlements for people who suffered injuries in collisions with commercial vehicles. Our personal injury attorneys are not afraid to take on large trucking companies and their insurance companies. We have the resources and experience to go up against even the biggest corporations and fight for what our clients deserve.
Frequently Asked Questions About Garbage Truck and Dump Truck Accidents
What should I do immediately after being hit by a garbage truck or dump truck in New York City?
First, call 911 to report the accident and request medical help if anyone is injured. Move to a safe location if possible, but stay at the accident scene until police arrive. Get the truck driver’s name, company name, and insurance information. Take photos of all vehicles, any property damage, and the surrounding area. Talk to witnesses and get their contact information. Seek medical attention even if you feel okay, as some truck accident injuries do not show symptoms right away. Contact a New York City truck accident lawyer as soon as you can to protect your rights.
How long do I have to file a truck accident lawsuit in New York?
New York law gives you three years from the date of the accident to file a personal injury claim. However, if a government entity might be responsible for the garbage truck accident, you may need to file a notice of claim within just 90 days. These deadlines are strict, and missing them can prevent you from recovering compensation. An experienced truck accident lawyer will make sure all paperwork is filed on time so you do not lose your right to seek money for your injuries and losses.
How much is my garbage truck or dump truck accident case worth?
The value of your truck accident case depends on many factors. Serious injuries that require extensive treatment typically result in larger settlements than minor injuries. The amount of your medical expenses, lost wages, and future medical expenses all affect your case value. Your pain and suffering also play a role. Truck accident settlements can range from thousands to millions of dollars, depending on the severity of injuries and the impact on your life. A truck accident attorney can evaluate your specific situation and estimate what fair compensation might be.
Who can be held responsible for a New York City garbage truck or dump truck accident?
Several parties may be liable for truck accidents in New York City. The truck driver can be responsible for reckless driving, distracted driving, or driver fatigue. The trucking company may be liable for hiring unqualified drivers, failing to maintain vehicles, or violating safety regulations. Vehicle owners can be sued if poor maintenance caused the truck crash. Even New York City might be responsible if dangerous road conditions contributed to the accident. A New York truck accident attorney will investigate your case to identify all liable parties and pursue compensation from each one.
Do I really need a lawyer for my garbage truck or dump truck accident claim?
While you are not required to hire a lawyer, having an experienced accident lawyer greatly improves your chances of receiving fair compensation. Commercial truck accidents involve complex laws and regulations that most people do not understand. Insurance companies have teams of lawyers working to minimize what they pay. Without legal representation, you may accept a settlement that is far less than your case is worth. Most truck accident attorneys offer a free consultation and work on a contingency fee basis, so there is no risk in speaking with a lawyer about your options. Our legal team can explain the legal process and help you understand your rights after a New York City truck accident.
Call Our Garbage Truck and Dump Truck Accident Lawyer
Our law firm believes in aggressive representation of accident victims and their families. Contact Poltielov Law Firm P.C., or call us now at 718-880-2911 for a free consultation. Our personal injury attorneys are ready to review your truck accident case and explain how we can help you recover compensation. Whether you were hurt by a garbage truck, dump truck, semi-truck, or any other commercial vehicle, we have the experience to fight for maximum compensation. Do not wait to protect your rights. Call our New York truck accident lawyer today and let us start working on your truck accident claim.