They don’t travel very fast, but they sure do leave a car mangled. A run-in with a trash truck can cause long-term damage from any variety of injuries sustained. The issue in many situations that involve garbage trucks is the privatization of the service. You are not up against a company that faces scrutiny in the media or has to keep a good reputation. The monopolization of privatized trash collection has made it very difficult to take any meaningful legal action against these companies. Now, if the city happens to own the trash collection and provides it as a service, then you have a very different legal battle ahead of you. This is where an experienced truck accident injury lawyer comes into play.
Determining Who Owns the Truck
The driver will very likely be the person that you sue, as it’s so difficult to nail these companies down. They often waive all responsibility for their drivers or will employ tactics to throw their employees under the bus essentially. The driver does not own the truck, though, and that may cause a fair amount of delay with your claim.
The claim on a trash truck accident may go something like this:
- Collect the driver’s insurance information which is for a company police
- Submit the claim
- Be informed that the company is not liable for these damages
- Attempt to pursue a claim through your insurance directly against the driver
- Be informed that the driver was operating a company vehicle, and private insurance is not accessible.
- Attempt to file a new claim through the company insurance policy.
It’s such a complicated issue that most people simply give up or attempt to access a PIP or other facet of their individual plan.
Now, if the company owns the truck, then they are the ones that you’ll want to pursue most aggressively. Using an attorney to fight this trash service is nearly critical because of the legal loopholes they use to avoid making payments on anything or going into court.
If the city or township owns the trash truck, then you’ll need to file a formal claim against the city. That will bring the issue to their attention, make a formal record of the incident, and serve to inform them of your intent to take legal action. Cities and townships can make these cases hard.
When you’re filing a claim, keep in mind that you’ll need to be as fair about it as possible. You will likely continue to live in the city after the case closes and will probably need continued use of the trash service.
Was the Driver Under the Influence?
A drunk driver in any situation is often found at fault as they can’t make proper decisions or react appropriately. When a commercial driver is under the influence, it’s an escalated level compared to a standard driver. Their first conviction on a major traffic violation such as a DUI will result in a one-year commercial license suspension, while any following will result in the revocation of the license for life.
Essentially, when a driver operates a trash truck under the influence of anything, they know that they’re not just putting others at risk. They’re putting their livelihood and career at risk and will likely face very severe consequences.
Contacting a Douglasville Truck Accident Injury Lawyer
Don’t be intimidated or pushed around by a trash company. You have just as much of a right to file a claim against them as you do with any other driver hitting you on the roadway. These drivers not only need to meet the standard duty of care, but they need to go above and beyond.
Trash truck drivers must carry a commercial class license, and that means that as their job, they must do their best to keep the roadways safe. They must also notify their employer right away, and their insurance company, as well as the motor vehicle licensing agency. Failure to do any of these basic things can push your case over the edge in showing proof of not following procedure.
John B. Jackson – Your Local Douglasville Truck Accident Injury Lawyer
Our law firm handles truck accident cases in Douglasville, and a visit to John B. Jackson can give a lot of insight into your case. The driver is probably at fault, and you probably don’t have too much to prove in terms of your injuries and property damage. When you’re in a wreck with a trash truck, the damage tends to speak for itself. Contact John B. Jackson’s law offices to take your trash truck crash forward.
