Compensation for Injured Caused by Dump and Garbage Trucks
November 02, 2021
Garbage trucks and dump trucks are necessary to keep the greater community functioning. Although these vehicles and the people who use them perform valuable services, there is no denying that both garbage trucks and dump trucks are heavy and large vehicles.
Consequently, severe accidents and injuries can result when they get into an accident with a much smaller motor vehicle. In addition to seeking hospitalization and other medical treatment, victims of dump truck and garbage truck accidents might need to miss work time to recover from their injuries fully and get better.
Suppose you or a person you care about has suffered an injury in a motor vehicle collision that involved a dump truck or garbage truck. In that case, you must have legal counsel on your side advocating for you and pursuing the compensation that you need and deserve.
A knowledgeable dump truck and garbage truck accident attorney can meet with you to discuss how your accident happened and whether or not you might be eligible to pursue a claim for monetary compensation and damages. Since Florida is a no-fault state in motor vehicle accident cases, many accident victims can seek financial compensation from their own insurance companies.
However, suppose you suffered an expensive and/or a permanent injury in your accident. In that case, you might be eligible to file a claim or lawsuit against the at-fault driver, the driver’s employer, and indirectly against the at-fault driver’s motor vehicle insurance company. Your attorney will be able to negotiate with the insurance company on your behalf, and if fair monetary compensation is not forthcoming, your lawyer could litigate your case in the state court system.
Reasons Why Dump Trucks are Dangerous
There is no disputing that dump trucks serve a critical function in every community. Many different entities use dump trucks to carry various materials and deliver those materials to their final destinations.
For example, landscaping companies and construction companies regularly use dump trucks to haul supplies from one place to another. Dump trucks are also instrumental when it comes to keeping the local infrastructure maintained and in good condition.
However, despite these good uses, dump trucks can create significant hazards for motor vehicle drivers on the roadways. This is especially true when the operators of these large and heavy trucks fail to operate their vehicles reasonably and prudently while driving.
First of all, dump trucks are dangerous because cargo can slip out of the truck fairly easily. Dump truck drivers and trucking companies are responsible for making sure that they properly secure all loads to the bed of the dump truck. When loads are not properly secured or in a large enough gap the cargo could slide out into the middle of the roadway when the truck is in motion, resulting in a hazardous situation and possibly a motor vehicle collision.
Next, dump trucks are dangerous on the road because they are frequently used to transport heavy loads that can offset the truck’s center of gravity. These materials, including dirt and mulch, tend to shift in the truck bed, resulting in an imbalance. Moreover, when a dump truck driver unloads cargo at its final destination, some portion of the load might remain near the sides of the dump truck bed, resulting in a load imbalance – especially when dump truck operators subsequently drive at high rates of speed.
In those instances, a rollover accident could occur. When this type of accident occurs in the middle of the roadway, a large traffic pile-up involving multiple vehicles could occur. This, in turn, could result in numerous motor vehicle operators and passengers becoming injured in the accident.
One final danger frequently associated with dump trucks is that these vehicles are typically present near road and highway construction zones. When a dump truck is present in a construction zone, it may make sudden stops or turns – or the truck might need to back up abruptly.
When these vehicles move around construction zones where heavy motor vehicle traffic tends to be present, serious accidents can occur. This is especially true if the dump truck driver is not using his or her rearview or side-view mirrors or otherwise not paying attention to the roadway at that time.
If you or a person you love has suffered injuries in a dump truck accident, you may have legal options available to you. A dump truck accident attorney in your area will be able to review and investigate your accident’s circumstances and help you pursue a claim that seeks monetary compensation and damages for the injuries you suffered in your accident.
Reasons Why Garbage Trucks Are Dangerous
In addition to dump trucks, garbage trucks tend to pose various hazards to motor vehicle operators. In some ways, garbage trucks pose inherent dangers that drivers should not take lightly.
First of all, as with dump trucks, garbage trucks are usually carrying heavy loads. Suppose the load was to fall off the truck and into the roadway. In that case, a trailing motor vehicle could impact the load, resulting in a series of subsequent collisions involving multiple vehicles. This is especially true if the vehicles are traveling close together with little stopping distance between them.
In addition, garbage trucks, which are usually large vehicles, do not always have a clear sight of vision behind them. These trucks often have many blind spots. When a garbage truck driver is distracted or not paying sufficient attention to the road, he or she might not be able to see another driver or a pedestrian in the vicinity. Moreover, because of these blind spots, garbage truck operators may have trouble seeing a motorcyclist or bicyclist who is nearby on the roadway.
Next, garbage trucks often operate in residential areas, and the drivers of these large and heavy vehicles typically have to negotiate sharp curves and turns on streets that are not very wide. In addition, garbage truck drivers have to constantly be aware of pedestrians, including walkers and joggers present in the area.
The lack of garbage truck drivers is also a serious problem when it comes to safety. Garbage collection routes are usually extensive, and a shortage of drivers brings the likelihood that garbage collection companies will need to take shortcuts. For example, drivers may try to operate their garbage trucks on the opposite side of the road to get finished in a hurry. This can result in a serious accident with another motor vehicle or pedestrian.
In addition, the timing of garbage collections often poses a problem for other motor vehicles and pedestrians. This is because garbage collection times are usually in the morning when many people are on their way to work or school.
Finally, garbage truck operators are often distracted by paperwork, dispatcher communications, and other calls, which can divert their attention from the road. A distracted driver responding to a call might not see another motor vehicle or pedestrian in the vicinity, resulting in a serious accident and injuries.
If you have suffered an injury in a garbage truck accident that a negligent driver caused, a garbage truck accident attorney will be able to assess the circumstances of your case and determine if you might be eligible to file a legal claim. Your lawyer could then assist you with filing a claim against the at-fault driver’s insurance company and pursuing compensation that way.
Common Causes of Dump Truck and Garbage Truck Accidents
Even though dump trucks and garbage trucks are large and heavy, driver negligence usually causes serious accidents. In some instances, the truck driver might be operating his or her vehicle too fast for the traffic conditions or the weather conditions that exist at a given time.
In addition, the driver or the company that employs the driver might overload the vehicle with too much cargo, making it top-heavy and more prone to an accident. At other times, the vehicle operator might be violating a traffic law, such as by speeding or failing to yield the right-of-way at a traffic intersection. As a result, a collision with a nearby motor vehicle or pedestrian might occur.
In cases where a negligent dump truck or garbage truck driver causes an accident, the accident victim might be able to pursue a claim against the negligent driver and indirectly against the driver’s insurance company.
This is especially true if the driver suffers a permanent injury and/or an injury requiring significant medical care and treatment. In addition, if the at-fault driver is acting within the scope of his or her employment, then the injured accident victim could bring the employer trucking company into the claim. In most instances, the insurance company for the driver and the insurance company for the employer are the same entity.
Dump truck and garbage truck accidents can also result from distracted driving, where the driver is failing to give adequate care and attention to the road. For example, the driver might be answering a phone call or a dispatcher’s call, diverting his or her attention away from the road and bringing about an accident.
Finally, the truck driver might be under the influence of alcohol or drugs at the time of the occurrence. Alcohol intoxication, for example, can make a truck driver’s vision blurry and alter his or her reaction time, preventing the driver from being able to stop his/her vehicle in time to avoid a collision.
In some cases, dump truck and garbage truck accidents do not result from the truck driver’s negligence at all. Instead, they happen because something on the truck is defective or malfunctions.
For example, a steering defect or a defect with the truck’s braking system could bring about a serious collision with another vehicle or with a pedestrian. In that instance, the accident victim might be able to pursue a product liability claim against the defective product’s manufacturer or distributor.
If you suffered an injury in a dump truck or garbage truck accident, you may have legal options that are open to you. A knowledgeable personal injury attorney in your area will be able to determine who was likely responsible for your accident and can file the necessary claim or claims with the appropriate insurance company.
Pursuing Compensation and Damages for Dump Truck or Garbage Truck Accident Injuries
Victims of dump truck and garbage truck accidents suffer serious injuries. For example, the force of the impact might cause the accident victim’s head to strike the headrest, steering wheel, or window, resulting in a traumatic brain or head injury. Alternatively, the accident victim’s body could be thrust forward and backward in the vehicle abruptly, resulting in a soft tissue injury, such as a muscle sprain or contusion.
The damages that a truck accident victim might be entitled to recover will depend upon how severely he or she was injured. In addition, your lawyer will determine the damages by the cost of medical treatment, as well as any permanency that the accident victim suffered in the accident. First of all, the accident victim could pursue compensation for related medical expenses and lost wages. Additionally, the accident victim might be able to make a claim for pain and suffering damages, as well as the inconvenience associated with the accident and injuries.
A dump truck and garbage truck accident attorney near you will do everything possible to help you maximize your damages and monetary compensation in any personal injury claim or lawsuit that you file. An insurance company will tell you that there is no need for an attorney, but this is just another tactic they use to reduce your settlement.
Your attorney can:
- Ensure you demand the appropriate amount of damages
- Identify all sources of liability
- Advise you when a settlement offer is inadequate
- Negotiate for the amount you deserve
- Pursue a truck accident lawsuit if necessary to seek full compensation for you
This takes the stress and uncertainty off of your shoulders so you can keep your attention on your injuries and physical recovery.
“These lawyers are not only very efficient, but caring as well. I would not hesitate to refer them to anyone.”
MATTHEW T. / FORMER CLIENT