North Carolina Garbage Truck Accident Lawyers
Garbage trucks play a critical role in our lives, helping us maintain clean, clutter-free and safe neighborhoods. However, these large trucks also create a serious risk of harm when drivers fail to exercise safe driving practices. Negligent garbage truck drivers and poorly maintained garbage trucks pose a safety risk for pedestrians and other drivers. Due to their large size and frequent stops in neighborhoods, they are more likely to be involved in a serious car accident than other vehicles.You Need an Experienced Personal Injury Lawyer on Your Side
The personal injury lawyers at Arnold & Smith, PLLC, have extensive experience handling personal injury cases similar to those involving garbage truck drivers and waste management trucks. We have represented individuals and family members and understand how garbage truck cases are different from other types of personal injury cases. Our legal team will fight for your rights and advocate for you to obtain the compensation you deserve.Why are Garbage Trucks So Dangerous?
Massive commercial vehicles like garbage trucks due to their great mass and difficulty regarding visibility can pose a safety risk to other drivers, pedestrians, and bicyclists. Unlike other large vehicles that travel primarily on highways and freeways, garbage trucks travel through neighborhoods on narrow streets. They travel between parked cars and other hazards. Using the correct speed and exercising additional caution in neighborhoods is necessary to avoid causing an accident as a garbage truck driver.Proving Liability in a Garbage Truck Accident
To successfully bring a lawsuit against a garbage truck driver or the municipality that hired them, you will need to prove negligence. The legal theory of negligence means that the defendant breached their duty to act reasonably under the circumstances, causing another person's injuries. You will need to show that the garbage truck driver failed to act reasonably under the circumstances and caused the accident that resulted in your injuries.
Garbage truck drivers need to travel slowly. Drivers are required to stay aware of their surroundings and notice potentially obstructed views because they have limited visibility. As with any other driver, garbage truck drivers have a legal duty to drive reasonably safely under the circumstances. These large vehicles need to travel slowly and exercise caution on the road to avoid causing a preventable accident.
Unfortunately, garbage truck drivers may be in a rush to finish collecting all of the garbage on their route. They are also given complex collection routes on a day-to-day basis. These factors may lead them to take shortcuts that will put other people at risk. Additionally, the size and shape of garbage trucks may cause them to improperly load trash, leading to malfunctions with the truck and instability.Examples of Garbage Truck Driver Negligence
One example of negligence would include a garbage truck driver backing up before checking their blind spots. If the garbage truck driver backs up into a pedestrian or another driver, causing serious injuries, the victims may be able to hold the garbage truck driver liable. It is reasonable for a garbage truck driver to check his or her mirrors and blind spots before backing up, especially with such a large vehicle. In addition to proving negligence, victims need to show that the garbage truck driver’s negligent conduct was a proximate cause of their injuries and that their negligence caused the resulting damages.Holding a Waste Disposal Company Liable
If you have been injured in a garbage truck accident, you may be wondering if you can hold the waste disposal company responsible. A garbage truck driver may not have the assets and personal insurance coverage you will need to cover all of your medical expenses and other damages. Waste disposal companies have more assets and are a better way to obtain compensation in most cases.
Under the legal theory of vicarious liability, the waste disposal company could be liable for their driver’s negligent conduct. You will need to show that the driver was acting in the scope of employment when the accident occurred. If all of the other elements are met, you may be able to hold the waste company responsible for their employees’ conduct.Discuss Your Case With a Garbage Truck Accident Lawyer
If you have been injured in a garbage truck accident, you only have a limited amount of time to bring a lawsuit for compensation. At Arnold & Smith, PLLC, we understand the financial and emotional burdens that personal injury victims face after a vehicle collision. We fight hard for our clients to obtain the most compensation possible. Contact us today at 704-370-2828 to schedule your free initial consultation.