Residents see garbage trucks and dump trucks virtually every day. They are essential to the proper functioning of any city like New York. Unfortunately, both garbage and dump trucks will cause devastating injuries when they strike pedestrians or even lighter vehicles in their path. Many innocent people end up strapped to a gurney and loaded into the back of an ambulance after a fateful crash with one of these vehicles.

Call Poltielov Law Firm P.C. to schedule a consultation. You might be able to sue for injuries and property damage. We can explain more about the claims process in a confidential setting.

Why Accidents Happen

These collisions often stem from:

  • Driver distraction
  • Speeding
  • Driver fatigue
  • Failure to yield the right of way
  • Drunk driving
  • Running a red light
  • Failure to observe surroundings
  • Going the wrong way

Some dump trucks can also overturn when they raise their box. Material is supposed to slide effortlessly out the bottom. But if material gets stuck with the box raised, then the truck could topple onto its side and land on anyone standing nearby.

Determining Fault

Being struck by a dump truck or garbage truck is a life-altering experience. Many people will struggle with massive car damage and ongoing disabilities. Because these accidents are expensive, many victims naturally want to know if they can sue for compensation.

At Poltielov Law Firm P.C., we can help identify fault. “Fault” is a legal principle meaning responsibility. The following people are typically responsible for a collision:

  • Truck drivers. Like anyone else, those operating sanitation vehicles or dump trucks can easily make a mistake behind the wheel which leads to an accident. These are stressful jobs. Many dump truck drivers are racing to a jobsite, while sanitation workers are trying to finish up a shift in a timely manner. Mistakes do happen, and we might blame the driver for crashing into you.
  • Employers. The trucker’s employer could ultimately be liable for the crash. New York makes most employers automatically liable when their employee negligently hurts someone on the job.
  • Truck owner. In other cases, a defect on the truck will lead to an accident. These vehicles require timely repairs to run normally. By trying to cut corners, some owners delay necessary repairs and are at fault.
  • Truck manufacturer. The truck might have been defective as soon as it left the factory. A defective design could make the truck dangerous to drive, or else poor construction renders the vehicle a danger on the road.

What to Do after an Accident

Any collision could be catastrophic, and victims might lie helplessly as they wait for an ambulance. However, you might still be able to walk around after a crash. We recommend trying to do as many of the following steps as possible:

1. Get information from the driver who hit you. Ask for name, company name, and insurance information. You can also write down the number of the truck.

2. Talk with witnesses and ask if you can contact them later. Their perspective is often useful for trying to untangle what happened.

3. Call the police to report the accident. An officer should visit the scene and write up a crash report.

4. Document the damage to your car. Using your phone, take pictures of your car, the truck, and anything else that looks relevant.

5. Go to the hospital when you finish with the police. The sooner you begin receiving treatment, the better.

6. Avoid giving a statement to any insurance adjuster. They might try to trip you up or plant false memories. You should only answer their questions when you hire an attorney.

Calculating Fair Compensation

To help your legal team, please share with them:

  • Paystubs, contracts, or bank statements to establish lost income
  • Medical bills and prescription drug receipts to show the full cost of medical care
  • Car repair bills or estimates
  • Rental car expenses

These documents help our team calculate the economic losses you have suffered. Ideally, we will request the defendant pay 100%.

We can also request money for pain and suffering. Most bodily injuries cause pain, anguish, sleeplessness, anxiety, and mental stress. There is no simple way to value this type of suffering, but we have decades of experience to identify when an insurer can pay more.

One factor which can reduce compensation: your comparative negligence. You might have been distracted yourself, which contributed to a wreck. New York law will reduce your damages in proportion to your degree of fault.

Call Our Garbage Truck and Dump Truck Accident Lawyer

Our firm believes in aggressive representation of accident victims and their families. Contact Poltielov Law Firm P.C., or call us now at 718-880-2911 for a free consultation.