Although garbage and trash collection trucks generally move more slowly than other vehicles, if you’re involved in an accident with one, you likely won’t come out a winner. The injuries and damages resulting from these encounters can be particularly serious. When determining liability after a garbage truck causes an accident, it mostly depends on who or what entity owns the truck.
Trash collection is privatized in many places, making it difficult to take effective legal action against companies. If the city owns the trash collection and provides it as a service, then you will need a different legal approach. Either way, it is vital to have an experienced Chicago truck accident lawyer on your side.
Filing a claim against the city
If your township or city owns the garbage truck, you can file a formal claim for damages against that government entity. This will provide a record of the incident and inform the appropriate officials of your intent to sue. When filing a claim against the city, make sure it is filed fairly based on the facts. An attorney can help you with this process.
Filing a claim against the driver
Often, those injured by a truck will sue the truck driver. It can be difficult to pinpoint and hold the company that owns the truck responsible. These companies may use their power to evade responsibility, or even throw their employees under the bus (so to speak). However, since a driver does not personally own the garbage truck, attempting to sue them may cause significant delay with your claim.
Some of the issues involved in filing a claim against a driver include:
- Taking the driver’s information
- Filing a claim
- Getting word from the company they are not liable for your damages
- Pursuing a claim against the driver directly through your insurance
- Getting word from the driver’s attorney that he or she was driving a company vehicle which negates compensation through private insurance
- Filing another, new claim based on the company’s insurance policy
This process is often incredibly complicated, and many injured victims simply give up. Don’t – a smart accident attorney can help.
Filing a claim against the trucking company
If a private company owns the trash collection truck, you and your attorney will likely pursue legal action against them as first priority. An experienced attorney gives you a better chance for success, as these companies try to take advantage of every available legal loophole to avoid court or avoid paying compensation.
Get knowledgeable legal counsel
Due to their sheer mass and weight, crashes involving heavy, large garbage trucks can inflict serious, long-lasting injuries on accident victims. Knowing where to assign liability is important in order to save time and secure the financial compensation you need to recover from your injuries.
Have you sustained an injury due to the negligence of a truck driver or trucking company? The Chicago truck accident lawyers at Gainsberg Law P.C. can help. We’ll listen to your story and offer our dedicated counsel to secure your legal rights and benefits. To arrange a free, no-obligation consultation, call our offices today at 312.600.9585 or complete our contact form.
Neal S. Gainsberg has spent the last 20 years fighting to protect the rights of the injured in Chicago and throughout Illinois. From consumer rights and bankruptcy to catastrophic injuries and wrongful death, Mr. Gainsberg stands up to large corporations, insurance companies, creditors and hospital administrators to ensure that his clients’ futures are safe and secure. Learn More