Garbage Truck Accident Lawyers
Were you injured in a collision with a garbage truck in Indiana? If so, the experienced truck accident lawyers at Custy Law Firm are ready to help you get the full and fair compensation that you’re owed.
Garbage trucks are in operation almost every weekday and pose a unique threat to other motorists and pedestrians on the roads. Not only are these commercial trucks massive, but they conduct frequent and sudden stops on often heavily traveled roads. If you or a loved one were injured in a crash involving a garbage truck, then you might have options to claim compensation for your costs and losses.
Our Indiana garbage truck attorneys at Custy Law Firm have extensive experience building strong cases in these types of accidents and understand the best tactics to use for a successful outcome. We always fight for the maximum possible compensation on behalf of our clients. Call us today at (219) 286-7361 to request a free consultation where we can discuss the validity of your case.
Why Do You Need a Lawyer?
Most garbage trucks are owned or operated by local governments. This means there is another layer of legalities to consider when determining liability and fighting for compensation. In fact, many government employees who are acting within the scope of their job duties are typically exempt from civil lawsuits under Indiana state law. An Indiana garbage truck lawyer thoroughly understands all the laws related to garbage truck crashes. They have the knowledge and resources to build a strong case with the best chances for winning a favorable verdict or settlement.
Why Choose Custy Law Firm?
Our Indiana garbage truck attorneys at Custy Law Firm have extensive experience investigating cases to determine fault in these types of accidents. We know where to look and the right questions to ask in our investigations. Additionally, we fight hard on our client’s behalf so big insurance companies or self-insured local governments do not try to force them into a lower and less than appropriate settlement. We have a proven track record of achieving numerous successful verdicts and settlements.
At Custy Law Firm, we understand an accident involving a garbage truck can derail someone’s life. They are struggling to heal and deal with the financial burden of extreme medical costs. That is why we offer free consultations to discuss your case, determine the best next steps, and answer your questions. Plus, we work on a contingency fee. This means we only collect if we win your case. There are absolutely no up-front costs expected of you during this difficult time.
What Causes Garbage Truck Crashes?
Garbage trucks are classified as large commercial trucks. The United States Department of Transportation reports approximately 87% of large truck accidents are due to driver-related performance.
There are many factors that contribute to garbage truck crashes, including both driver-error and outside variables. Below are some of the most common causes of this type of crash.
- Distracted driving
- Failing to see cars or pedestrians in side and rear blind spots
- Drowsy driving
- Taking a turn or curve too quickly
- Inadequate vehicle maintenance
- Improperly secured load, resulting in falling debris
- Driving under the influence
- Equipment malfunction
- Failing to properly signal when backing up
It is important to prove the cause in a garbage truck accident in order to place appropriate fault. Therefore, it is crucial to have an Indiana garbage truck accident attorney on your side. At Custy Law Firm, we will promptly and fully investigate your crash to ensure no evidence is lost, destroyed, or forgotten.
What Injuries Can Occur in a Garbage Truck Accident?
The average loaded garbage truck weighs approximately 25 tons, whereas the average car only weighs around 1.5 tons. This huge size difference means that a garbage truck can cause significant damage to the smaller vehicle. Consequently, the collision tends to leave behind victims with serious injuries. Here are few common injuries caused by garbage truck crashes:
- Brain trauma
- Broken bones
- Lower back or spinal damage
- Whiplash or neck injuries
- Internal bleeding
- Damage to internal organs
- Facial trauma
Accidents involving garbage trucks can even result in fatalities. Solid Waste Association of North America (SWANA) reports in 2019, at least 80 people were killed in a collision with a garbage truck. Those fatalities included:
- Drivers or passengers (approximately 67.5%)
- Pedestrians (approximately 16%)
- Motorcyclists (approximately 9%)
- Bicyclists (approximately 7.5%)
Can I Sue if a Garbage Truck Hits Me or My Vehicle?
As mentioned earlier, most garbage trucks are government-owned or operated, and their employees, drivers included, are protected against civil lawsuits under Indiana law. When Indiana law does allow for a suit against a local government or their employee, then there are extremely specific filing instructions, the primary one being that the local government and Indiana Political Subdivision Risk Management Commission must be given initial notice of the claim within 180 days of injury.
However, not all garbage trucks are government owned. In some instances, local governments contract private waste haulers to collect trash or recycling. When a private waste hauler’s driver is involved in a crash, then the company could be liable for that employee’s reckless driving. Or the private company could be held liable if they did not conduct appropriate background checks or drug testing. Another instance where a lawsuit could be filed against that private company would be if they failed to conduct proper and regular vehicle maintenance inspections.
An experienced attorney will know how to handle each of these types of suits and build a strong case based on the unique variables associated with your accident.
Frequently Asked Garbage Truck Accident Questions
When someone is involved in a garbage truck accident, it is natural that they would have questions about the claims process. In addition to the questions answered above, below are a few more questions we commonly hear in these types of cases. However, if you do not see your question or answer below, then feel free to call us at (219) 286-7361 to schedule a free consultation where you can ask us all your case-specific questions.
Can I collect compensation if I was hit as a pedestrian by a garbage truck?
Not all accidents involving a garbage truck are against another vehicle. As garbage trucks operate near sidewalks and homes, the risk to pedestrians in the area is increased. If you or a loved one were injured by a garbage truck hitting you, then you might be entitled to compensation. Our experienced Indiana pedestrian accident attorneys at Custy Law Firm can advise you on the validity of your case in a free consultation.
How long will it take to fight the case?
This answer is dependent on many variables. There are two major factors that determine the length of a case. The first is how long it takes to conduct the investigation. Not only will the police investigate, but insurance companies and attorneys for all involved parties will conduct their own investigations. It is imperative to conduct a full investigation. The evidence collected will determine which party, or parties, are to blame in the crash.
Secondly, the other major variable to consider when determining how long the case will last is if it settles or goes to court. Many accident cases tend to settle. It is faster than a drawn-out in-person court case. However, if the insurance or big trucking companies are trying to offer a low or partial settlement, then sometimes it is necessary to go to court. An attorney understands which option will bring their clients the maximum possible compensation and fight to win in a timely fashion.
What do I do after I have been involved in a garbage truck accident?
First, and most importantly, call 911 to report the accident. If you, or anyone involved in the crash, appears injured, then request an ambulance.
Only move the vehicle if it is in an unsafe position or a police officer asks you to do so. Moving it could possibly tamper with evidence in the case.
Next, contact your insurance company to start the claim process.
Lastly, contact an Indiana garbage truck accident attorney. They will fight to ensure your rights are protected and fight for rightful compensation to cover your costs and losses.
Can I still receive compensation if I am partially to blame for the crash?
Yes, there is a chance you could still receive compensation even if you are partially to blame for a crash. For instance, if you were traveling above the posted speed limit, but a garbage truck driver conducted an illegal or improper turn, then both you and the other driver might share the blame. This type of scenario is why it is so important to have a proper investigation completed by an experienced garbage truck attorney. They will fight to ensure an insurance company does not try to shift total blame on you when your crash was not entirely your fault.
Schedule a Free Consultation with an Experienced Indiana Garbage Truck Lawyer
Do not let a garbage truck crash ruin your credit score with numerous unpaid medical costs or uncovered loans from a totaled vehicle. Get the help you need and deserve after a disastrous crash. At Custy Law Firm, we will work with you and be with you every step of the difficult legal journey. We will fight tirelessly on your behalf for maximum possible compensation to cover your costs and losses. Call us today at (219) 286-7361, reply in our online chat box, or complete our contact form to request your free, no-obligation consultation.