Can you sue a garbage truck driver after an accident?

| Feb 17, 2021 | Personal injury |

If a commercial truck hits your vehicle in New York, you can file a lawsuit against the driver or the trucking company. Garbage trucks can cause a similar amount of damage, but filing a lawsuit in the aftermath of a garbage truck accident has a completely different set of challenges. In some cases, you might not even be entitled to a settlement.

Can you file a lawsuit against a garbage truck driver?

A garbage truck accident could result in serious injuries and vehicle damage. You might look into pursuing a personal injury lawsuit to recoup some of your financial losses. However, your personal injury attorney might not be able to launch a suit against a government-owned vehicle.

Some states have their own government-run trash disposal systems, while others hire private contractors to collect and dispose of trash. If you were involved in an accident with a government-owned garbage truck, they might be protected by government immunity. In some states, you might not be allowed to file a lawsuit at all. Other states allow you to file a lawsuit but limit the amount of damages that you can receive.

If the state hired a private company to collect trash, the driver won’t be protected by government immunity. However, garbage trucks have a different set of rules when it comes to driving on the road. To collect trash, garbage trucks often have to drive in a way that would be illegal for other vehicles. This could include driving in the wrong direction or parking in a bicycle lane.

You might be able to collect damages if you can prove that the truck driver was negligent. However, a judge might limit your compensation if they rule that you should have been paying attention and the driver didn’t technically do anything illegal, even if they caught you off guard.

Should you hire an attorney after a garbage truck accident?

An attorney could tell you if you have a viable case or not. If they think you have legal grounds to sue the truck driver, an attorney could figure out how to approach your case.