Garbage trucks operate much differently than other types of vehicles on the road. Collisions would most likely occur in residential areas where garbage trucks make a continuous stop-and-go, and their lifting and crushing functions add a whole other element of danger if not properly maintained. If you found yourself in a truck accident, a Richmond garbage truck accident lawyer has the knowledge to build a claim and potentially help recover damages to compensate for your injuries.
When garbage is collected by the city, the injury claim has to be filed against the government. If the city is responsible for that garbage collection, they have to be placed on notice and there are certain procedures that have to be followed when making a claim against it. For example, the statute of limitations may vary if the claim is being made against the city rather than a private individual. However, there may be circumstances where private contractors are performing the garbage collection services on behalf of the city and this might not always implicate the same sort of time limitations and notice requirements.
If lawsuits are filed against the city or municipality responsible for trash collection, there may be circumstances where even if the garbage truck driver acted with negligence, the victim may not be able to recover damages. This is due to the fact that some government entities may be subject to immunity in certain circumstances.
If anybody is involved in an accident with a municipal garbage truck, it is important to contact a Richmond lawyer quickly so they can investigate and determine who is actually responsible for operating the truck. A lawyer can place that government agency on notice within the appropriate amount of time so that the claimant does not lose their right to recover damages.
Injuries can occur from driving the truck or from the movement of some other component. The injury claim differs depending on which part of the truck caused the injury. The driver of the truck is responsible if their negligent driving caused injuries.
There may be an incident where the truck is picking up or putting down a garbage can with the mechanical lift. If that action causes damage to property or a person, that is also potentially operator negligence and fault may rest on the driver of the truck.
If either of those circumstances involve some sort of mechanical failure in the truck (such as with the braking mechanism or with the lift elements), that could place fault on the employer or the driver for failure to maintain or inspect the truck. It could also potentially fall on the manufacturer of the vehicle if there is an issue with the tires or a mechanical feature where it could be proven that there was some sort of defective manufacture or design of the vehicle.
Many commercial motor vehicles are equipped with data collection devices to help catalogue how it was operating when a collision occurred. These could help shed some light on whether it was a mechanical or operator error. The more time that passes without obtaining that information, the less likely it is to be obtained. This makes it more difficult to prevail in those cases, so it is recommended to find an experienced garbage truck accident attorney who can collect this evidence.
Many garbage trucks are operated by the government, which might prevent an injured victim from knowing where to start with a potential lawsuit. The unique features of these trucks might also obscure how to approach it. Liability could fall anywhere depending on what type of accident occurred and what caused it. That is another reason why, when dealing with commercial motor vehicles, it is wise to contact a lawyer immediately so that they can begin an investigation. Waiting for an extended period of time might eliminate the opportunity to investigate the truck to see if it was a mechanical failure or a driver error.
For these reasons, you should hire a dedicated Richmond garbage accident lawyer to take the lead on your case. Call today to see if you have a valid claim.