Who Is Liable in a Garbage Truck Accident in New York?

Whether you were a pedestrian, a cyclist, or a motorist, if a garbage truck hit you, you probably suffered serious injuries. If medical bills are piling up and you are unable to return to work, the worry may be setting in, and you may be wondering, Who is liable in a garbage truck accident? The answer may surprise you, as it is often more than one party that can be held liable for your injuries. It is important to speak with an experienced personal injury attorney as soon as you can to explore your options for recovery. At Greenspan & Greenspan Injury Lawyers, we are ready to help you.

What Happens if a Garbage Truck Hits Your Car?

Garbage truck accident liability is not always clear-cut. Depending on the circumstances of the crash, several different parties may be liable.

Garbage Truck Driver

One of the most obvious responsible parties in a garbage truck accident is the driver of the truck. If the driver’s negligence caused the accident, they may be liable for damages. Driver negligence can include violating traffic laws (such as speeding), driving under the influence, or engaging in other reckless behavior.

Garbage Truck Company

The company that owns the garbage truck and employs the driver may be liable for your damages. Generally, an employer is responsible for the actions of its employees while they are acting in the course of their employment.

Municipality or City

If the garbage truck is not owned by a private sanitation company but rather by a city or municipality, the municipality can be liable. If a city sanitation truck hit you, it is crucial to speak with an attorney immediately. Unlike other personal injury lawsuits against a private citizen or company, claims brought against the city or municipality typically have much stricter deadlines. Most cases require filing a Notice of Claim within 90 days of the incident. 

Manufacturer or Maintenance Company

If a defective product caused the accident, the manufacturer could be to blame. For example, if a faulty brake or tire contributed to the accident, then the truck or tire manufacturer may be liable. Similarly, if negligence in performing maintenance or repairs led to the crash, the maintenance company may also be responsible.

Other Parties

Sometimes, other parties, such as other motorists, may have contributed to the cause of the wreck. If that is the case, you may be able to seek damages from them as well.

Identifying the responsible party or parties can be a challenging task. A thorough investigation is often necessary to identify potentially liable individuals and entities. Your attorney can help you identify and name all potentially responsible parties.

Types of Injuries Common in Garbage Truck Accidents

The sheer size and power of a garbage truck can lead to severe and devastating injuries. Some accident victims might be lucky enough to walk away from the wreck, while others may suffer catastrophic lifelong injuries. Every situation is unique, but there are several injuries commonly associated with sanitation truck accidents, including:

• Fractures;
• Head injuries, including traumatic brain injuries;
• Internal bleeding and injuries;
• Amputations;
• Neck and spinal cord injuries;
• Cuts and bruises; and
• Nerve damage.

Depending on the type and severity of your injuries, you may require routine care or ongoing long-term treatment. If a garbage truck accident injures you, you deserve compensation and justice. We can help.

What to Do if Injured in a Garbage Truck Accident?

Any motor vehicle accident is frightening, but being hit by a garbage truck is especially dangerous. Knowing what to do in the moments, days, and months following the crash can help ease uncertainty.

Seek Medical Attention

Whether you required emergency medical attention or were able to leave the accident scene on your own accord, it is imperative that you see a doctor immediately. Injuries can manifest or worsen over time, so prompt medical evaluation is essential to protect both your health and your claim.

Document Evidence

If you are physically able, you should document what you can at the scene, including:

• Taking photos and videos of the crash;
• Obtaining eyewitness contact information; and
• Noting the location of any traffic cams or other video surveillance.

If your injuries prevent you from gathering evidence, do not worry. Our garbage truck accident lawyer can assist you with this later.

Contact a Seasoned New York Accident Attorney

Understanding your rights and options is an essential early step in recovering from a garbage truck accident. Once you are able, consult with an experienced lawyer to discuss your situation and explore your legal options moving forward.

In addition to taking these steps, you should avoid posting about the accident or your injuries on your social media accounts. While a photo or video may seem harmless, insurance companies often look to social media posts to downplay the seriousness of the plaintiff’s injuries and damages.

New York’s Comparative Negligence Standard

New York follows a pure comparative negligence system, which means even if an accident victim is partially at fault for the accident, they can still recover damages. However, their award will be reduced by the proportion of fault attributable to them. Insurance companies often look to shift blame to the plaintiffs themselves to reduce their liability and costs. Having a seasoned attorney to advocate for you can be the key to receiving the maximum amount of compensation.​

What Compensation Can I Receive in a Garbage Truck Accident?

No two accident claims are the same, and there is no universal formula for determining settlement value. However, when an experienced New York truck accident lawyer handles your case, you may be able to pursue compensation for a wide range of losses, including:

• Emergency medical treatment and hospital care;
• Surgeries, follow-up appointments, and rehabilitative therapy;
• Diagnostic testing, such as X-rays, MRIs, and lab work;
• ​Prescription medications and necessary medical devices;
• ​Anticipated future medical needs;
• Income lost while you are unable to work;
• Reduced earning ability if your injuries limit your career options;
• Pain and suffering;
• Loss of enjoyment of daily activities;
• ​Vehicle and other property damage; and
• Funeral and burial costs (in fatal cases).

Our responsibility is to ensure that every category of damage is properly documented, carefully evaluated, and clearly presented in your demand for compensation.

How We Can Help

Our team is experienced with handling garbage truck accident cases and can provide critical support at each stage of your claim. We can assist with:

• Investigating the crash scene to determine how the collision occurred and who is legally responsible;
• Preserving time-sensitive evidence, including maintenance records, driver logs, surveillance footage, and witness statements;
• Identifying all potentially liable parties, such as the waste management company, the truck driver, a municipal agency, or a third-party contractor;
• Coordinating with accident reconstruction experts to build a clear picture of what caused the incident;
• Documenting the full extent of your injuries and losses, from medical bills and future care needs to lost income and property damage;
• Handling all communication with insurance companies so adjusters cannot take advantage of you or pressure you into accepting an unfair settlement;
• Challenging claims of shared fault, which garbage truck operators or insurers often raise to reduce their financial responsibility;
• Negotiating for a fair settlement that reflects both your current and long-term damages; and
• Preparing your case for trial if the responsible parties refuse to offer adequate compensation.

An attorney’s role is to protect your rights, strengthen your claim, and ensure that every loss you have suffered is recognized and valued.

New York Garbage Truck Accident Lawyer

If you were injured in a garbage truck accident in New York, we can help you recover financially while you work on recovering from your injuries. At Greenspan & Greenspan, we have decades of experience representing New York’s injured in truck accidents. Contact us today to schedule a no-cost, no-obligation initial consultation.