Garbage trucks are those types of vehicles that you really don’t even notice. That is, unless an incident occurs. Unfortunately, due to the size and weight of garbage trucks, any accident is likely to result in some type of injury or extensive property damage for victims. As we examine garbage truck accidents and liability, we encourage you to reach out to an injury attorney in Phoenix if you or a loved one have been harmed in some way by an accident involving a garbage truck in Arizona. These claims can be challenging, particularly when going up against either a government entity or a private third party. Let an attorney guide you through this process.
Who Controls Garbage Trucks in Arizona?
In Arizona, garbage trucks can be operated by various entities, including:
- Municipalities. Many cities and towns have their own public works departments responsible for waste collection and disposal. These trucks are owned and operated by local government entities.
- Private companies. Some municipalities contract waste management services to private companies. These companies use their own fleets of garbage trucks to provide services.
- County services. In rural or unincorporated areas, county governments may manage garbage collection using county-operated trucks.
Understanding who controls the garbage truck involved in an accident is crucial, as it determines the legal process and the parties that can be held liable.
Nuances of Garbage Truck Accident Liability
Determining liability in a garbage truck accident can become a challenge because of several factors:
- Driver negligence. Like any other vehicle accident, driver negligence can play a significant role. This includes distracted driving, speeding, or failure to adhere to traffic laws.
- Vehicle maintenance. Garbage trucks require regular maintenance to ensure they operate safely. Faulty brakes, worn tires, or other maintenance issues can lead to accidents.
- Loading practices. Improperly loaded garbage trucks can become unbalanced, increasing the risk of tipping over or causing road hazards.
- Government immunity. If a government-operated garbage truck is involved, claims might be subject to sovereign immunity, which can limit or complicate the ability to sue a government entity.
Claims Against Government Entities Versus Other Parties
When filing a claim after a garbage truck accident, the process can differ significantly depending on whether the responsible party is a government entity or a private company.
- Claims against government entities. Filing a claim against a government entity involves specific procedures and deadlines. In Arizona, you must file a notice of claim within 180 days of the accident. This notice must include detailed information about the incident, any injuries sustained, and the types and amount of compensation sought. If the claim is denied, you can then file a lawsuit, but strict compliance with these steps is crucial.
- Claims against private companies. When a private company operates the garbage truck, the claim process is similar to other personal injury claims. You will need to gather evidence, prove negligence, and negotiate with the company’s insurance provider. These claims might be more straightforward in terms of process but can still be challenging.
An experienced Phoenix car crash attorney will understand the nuances of both types of claims and will be able to guide you through the specific requirements and deadlines.
Compensation for Garbage Truck Accident Victims
Victims of garbage truck accidents may be entitled to various types of compensation. This includes medical expenses, which cover all costs related to the injury, such as hospital stays, surgeries, medications, and ongoing medical treatments.
Additionally, victims can receive compensation for lost wages due to their inability to perform work duties as usual, as well as the loss of future earning capacity if the injury affects their ability to earn in the future.
Pain and suffering damages are also available to address the physical pain and emotional distress caused by the truck collision. Property damage compensation is provided for any damage to vehicles and other property involved in the incident.
Garbage truck crash victims may be entitled to coverage for rehabilitation costs, including physical therapy and other necessary rehabilitation services needed for recovery.
Call a Phoenix Truck Accident Lawyer
If you or a loved one have been harmed by a garbage truck accident, the Phoenix truck accident attorneys at Sargon Law Group is ready to help. We understand the complexities of these cases and are committed to fighting for the compensation you deserve. Do not let aggressive insurance companies take advantage of you. Contact us today to start your claim and increase your chances of a successful outcome. Reach out to us by filling out our contact form or calling (623) 552-2571 for a free consultation.