Garbage trucks are essential for moving waste from cities and neighborhoods to designated dumping areas. However, these trucks also weigh tens of thousands of pounds, making them capable of catastrophic damage and injuries should they cause an accident involving a smaller passenger vehicle.
If you suffered injuries in an accident with a garbage truck in Indianapolis, an Indianapolis garbage truck accident lawyer from Isaacs & Isaacs Personal Injury Lawyers could help you secure compensation to cover your losses.
Establishing Liability in Garbage Truck Accidents
Garbage truck accidents often occur for similar reasons as other auto accidents. However, they are large and hard to maneuver, which poses unique challenges while operating in urban and residential areas with narrow alleys and streets. Trash trucks also stop and start frequently, making it difficult for nearby motorists, bicyclists, and pedestrians to predict their next move.
Like other large commercial vehicles, garbage trucks have troublesome blind spots, including directly in front, behind, to the rear of the driver’s side window, and to the right of the cab. They also haul tons of trash, and this extra weight can make it harder to suddenly stop if they need to avoid an accident.
Multiple parties could be at fault for a garbage truck accident and liable for compensating you for your injuries, including the following:
Garbage Truck Driver
The Federal Motor Carrier Safety Administration (FMCSA) sets the standards and regulations that all commercial vehicle drivers must follow. Therefore, the driver could be liable for an accident if they violate these regulations. This is in addition to traffic violations that could make them responsible, such as speeding, driving while distracted, changing lanes unsafely, or being reckless.
Garbage Truck Company or Owner
Garbage services are generally owned and operated by private companies. Accordingly, the company must consistently maintain all its trucks. The company must also train and thoroughly vet each driver they hire to ensure they are cautious, competent, and have a clean driving record. The company could be responsible if a poorly maintained truck or incompetent driver causes an accident.
Local or State Government
Sometimes a local government runs the garbage pick-up service instead of a private company. In this way, they could be liable for an accident involving one of their trucks. Similarly, the construction and maintenance of roadways is also a government responsibility. Therefore, they may be liable if an accident occurs because of unsafe road design, obscured or missing signage, or poorly maintained roads.
For a free legal consultation with a garbage truck accidents lawyer serving Indianapolis, call 800-333-9999
Proving Negligence in an Indianapolis Garbage Truck Accident
In a garbage truck accident claim, proving negligence requires showing that certain conditions existed. To show that the garbage truck driver was negligent in your case, the following must be established:
- Duty of care: The garbage truck driver owed you a duty of care, meaning they were expected to act with enough caution to avoid causing you harm. This duty is similar to what any reasonable person would expect in the same circumstances.
- Breach of duty: The truck driver breached their duty of care by failing to act cautiously and causing your accident. An example of this would include speeding, failing to signal a lane change, or being distracted.
- Causation: The breach was the proximate or direct cause of the accident. This means that the accident would not have happened if the driver had not breached their duty of care.
- Damages: The accident caused by the breach of duty led to calculable damages for which the motorist is responsible.
Indianapolis Garbage Truck Accident Lawyer Near Me 800-333-9999
What Damages Can I Recover in a Garbage Truck Accident Case?
Damages you may collect after a garbage truck accident depends on the extent of your injuries and the value of your losses. They can include the following:
- Medical bills, including hospitalization, surgery, prescription medications, and physical therapy
- Lost wages due to missing work
- Diminished earning capacity
- Physical and emotional pain and suffering
- Loss of life enjoyment and reduced quality of life
- Scarring and disfigurement
- Long-term disability
- Vehicle repair or replacement costs
If a loved one sustained fatal injuries in a garbage truck accident, you and your family might be entitled to damages through a wrongful death claim, including funeral and burial expenses.
How Can a Lawyer Help My Case?
If you sustained injuries in the accident, you might be able to file a claim for compensation against the liable party, which is typically the business or government entity that is responsible for the garbage truck’s safety and operation. You should consult an attorney who can handle your case to get started.
An Indianapolis garbage truck accident attorney can help you determine who is responsible for the accident, assess your losses, and pursue compensation. They will understand how to build solid claims against businesses and government entities and handle the following time-consuming and often complex tasks:
Accident Investigation and Evidence Collection
Your attorney will begin by launching a thorough investigation into your case. This typically involves examining the accident scene, looking at the police report, and gathering your injury-related medical records. They will also begin contacting any witnesses who saw the accident. The information your attorney collects can help them determine who is liable for your accident and build a case to support your compensation claim.
Insurance Company Negotiation
After your attorney has gathered the necessary facts and evidence regarding your case, they can submit a claim to the insurance company demanding compensation. Your attorney may be able to use the evidence gathered during the investigation to convince the insurer that it is in their best interest to settle. If an amount of compensation can be agreed upon by both parties, a trial can be avoided.
If your lawyer cannot settle your claim with the insurer for a fair amount, they can represent you in court. They will use supporting evidence gathered during their initial investigation and argue your case on your behalf. They will also work to dispute the evidence and claims of the party(s) that should be held liable for your losses but denied or devalued your initial request for compensation.
Complete a Free Case Evaluation form now
Discuss Your Claim with an Indianapolis Garbage Truck Accident Attorney Today
Isaacs & Isaacs Personal Injury Lawyers has successfully recovered more than $1 billion in compensation for clients over the last two decades. If you have been injured in a garbage truck accident, we understand the devastating injuries and losses you have experienced and want to help.
Contact an Indianapolis garbage truck accident lawyer today for a free consultation to discuss your case and learn more about how we will fight for the compensation you deserve.