The DJF Law Firm, PLLC

Houston Garbage Truck Accident Attorneys

If you were injured in a garbage truck accident someone else caused, contact The DJF Law Firm, PLLC immediately to learn about the available legal options. You might be entitled to compensation from the at-fault person or company.

Garbage trucks are necessary for removing waste from homes, construction sites, and commercial properties. However, they can be dangerous. A garbage truck collision can result in massive destruction and severe injuries. It can even be fatal. You should not be responsible for your medical bills and other expenses if someone else is at fault for the crash.

The DJF Law Firm, PLLC is ready to represent you in your case. We will fight to pursue the maximum possible compensation on your behalf. Call us at 832-529-3476 today for a free consultation with one of our dedicated Houston truck accident attorneys.

Common Causes of Garbage Truck Accidents

Various factors can contribute to a garbage truck accident. The two major problems with this type of vehicle are its high center of gravity and compromised visibility.

The large container on the back of garbage trucks blocks the driver’s view of vehicles around them. The truck driver can’t see anyone traveling in the truck’s blind spots.

Garbage trucks also have a high center of gravity. That makes them top-heavy and susceptible to tipping or rolling over during an accident. Uneven weight distribution in the waste container can throw the entire vehicle off balance and cause a rollover crash.

Aside from the garbage truck’s primary hazards, the truck driver’s negligent actions could result in a crash. Common causes of garbage truck accidents include:

  • Failure to check blind spots
  • Tailgating
  • Sudden or improper braking
  • Overloading the container with waste
  • Unsafe lane changes
  • Failure to yield the right of way
  • Driving under the influence
  • Taking a turn too fast
  • Speeding
  • Distracted driving
  • Inadequate maintenance or repairs on the truck
  • Fatigued driving

Holding the Trucking Company Liable for a Garbage Truck Accident

Although the truck driver is at the wheel, other parties, including their employer, could be at fault for a crash. Trucking companies are responsible for maintaining the vehicles and hiring qualified employees. They must promptly repair damage to the trucks, provide adequate training for the drivers, and adhere to federal regulations.

The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations waste haulers must follow to ensure the public’s safety. These regulations include:

  • Ensure waste is secure during transport
  • Adhere to the Hours of Service regulations by not exceeding the maximum number of driving hours
  • Use specialized containers that comply with safety standards to store and transport garbage, recyclables, and discarded materials
  • Perform inspections on the garbage truck for holes, cracks, and any openings that could cause materials to fall out

You should not hesitate to contact The DJF Law Firm, PLLC if the truck driver or their employer caused the crash. We can investigate and obtain evidence to prove they should be liable for your injury.

Compensation Available for a Garbage Truck Accident

Federal law requires every motor carrier to purchase liability insurance. The coverage should pay for expenses related to accidents caused by truck drivers.

If you file an insurance claim or lawsuit, you could receive compensation for your:

  • Hospitalization, surgery, imaging, physical therapy, and other medical expenses
  • Lost wages
  • Lost earning capacity
  • Loss of household services, such as the monetary value of hiring someone to perform household work
  • Physical impairment or disfigurement
  • Mental anguish
  • Pain and suffering
  • Property damage

You might also recover exemplary damages if you file a lawsuit against the negligent garbage truck driver or their employer. This type of financial award punishes the defendant for their misconduct. You must prove by clear and convincing evidence that the at-fault party acted with gross negligence, malice, or fraud for the judge or jury to award these damages to you.

Statute of Limitations on Garbage Truck Accident Lawsuits

You have a specific amount of time to file a lawsuit after a garbage truck accident. In Texas, the statute of limitations allows a two-year timeframe. That means you must file your lawsuit within two years of the crash to pursue compensation. Once this timeframe passes, you might lose your right to bring legal action against the negligent party.

Compensation for a Fatal Garbage Truck Accident

You have a right to pursue a wrongful death case if someone else is at fault for your loved one’s death from a garbage truck accident. According to state law, wrongful death is a death caused by someone else’s neglect, unskillfulness, wrongful act, default, or carelessness.

You might be entitled to compensation for your loved one’s death. However, you can’t file the lawsuit yourself unless you are the surviving spouse, child, or parent. If you decide not to pursue a wrongful death case or don’t initiate the lawsuit within three months of your family member’s death, the personal representative of their estate could file.

The monetary award you receive in a wrongful death case might compensate you for losses, such as:

  • Loss of comfort, love, society, and companionship
  • Lost earning capacity
  • Mental pain and anguish
  • Lost inheritance, including what the deceased could have earned if they survived
  • Loss of services, counsel, care, maintenance, support, and advice the deceased can no longer provide

The statute of limitations for wrongful death allows a two-year timeframe to file a lawsuit. That means you have two years from the date of your loved one’s death to initiate your lawsuit against the garbage truck driver or another negligent party.

Injured in a Garbage Truck Accident? Contact The DJF Law Firm, PLLC Today

The DJF Law Firm, PLLC understands how overwhelming it can be to treat an injury while handling a garbage truck accident case. You don’t have to go through this traumatic experience alone. You can count on our legal team to provide the representation and support you need to recover and get your life back on track.

If you sustained injuries in a garbage truck accident due to someone else’s negligence, call us at 832-529-3476 today. One of our Houston garbage truck accident attorneys can discuss your case with you during a free consultation. Let us help you fight for the justice and compensation you deserve.