The teams who operate Galveston’s garbage trucks do admirable work. These folks protect locals from waste buildup and the dangerous illnesses that come along with it. That’s not to say that garbage truck drivers can’t make mistakes, though. Some may even engage in the kind of roadway negligence that results in personal injury or harm.
Victims of garbage truck accidents have the right to legal action in the wake of their losses. You can collaborate with a garbage truck accident lawyer in Galveston to request compensation based on the recovery cost of your accident. Buzbee Law Firm can help you submit a claim within Texas’s statute of limitations and bring your concerns to court.
The Dangers of Garbage Truck Negligence
The dangers involved in garbage collection are two-fold. To begin, garbage truck drivers must operate cumbersome vehicles that don’t always play well on narrow city roads. If a driver isn’t properly trained or paying attention, they may put other motorists, pedestrians, and cyclists at risk.
The other danger comes in the form of the waste a garbage truck carries. If a garbage truck doesn’t secure its waste, both its drivers and nearby parties may be in danger. This waste can cause serious health issues in a community, either by spreading diseases or causing injuries.
Garbage Truck Roadway Accidents
Because their vehicles are so much larger than the average car, garbage truck drivers need to be particularly diligent on the road. Drivers who use their phones behind the wheel, disobey standard roadway laws, or otherwise distract themselves while driving can all cause accidents. In turn, these drivers can all be accused of violating the duty of care owed to other parties.
Car accidents involving garbage trucks can see you and other injured parties request comprehensive damages from the at-fault parties. These damages can include:
- Medical expenses related to your accident
- Property damage, repair, and/or replacement
- At-home care essential to your recovery
- Pain and suffering
- Emotional distress
- Wrongful death and funeral expenses, if applicable
Garbage Trucks and the Endangerment of Public Health
Garbage truck employees also need to be diligent when disposing of unsafe materials. Employees who don’t abide by company policies or local ordinances can endanger the health of everyone around them. If you find evidence of this negligence, you can submit it alongside a legal complaint to request financial support throughout your recovery.
If you’re a garbage disposal employee who’s been injured by your own company’s lack of legal compliance, there are financial aid options available to you, too. You can work with our Galveston, TX, garbage truck accident attorneys to file a workers’ compensation claim.
For a free legal consultation with a garbage truck accidents lawyer serving Galveston, call 844-349-9196
Identifying Garbage Truck Driver Negligence
Garbage truck negligence can take on a variety of forms. You need to present evidence of at least one form of negligence – or a violated duty of care – if you want to hold another party accountable for your garbage truck accident losses.
Common forms of garbage truck negligence include:
- Driving while distracted
- Substance abuse
- Disobeying roadway laws
- Inappropriate disposal of waste
- Inappropriate or insufficient securing of waste
- Deliberately reckless behavior behind the wheel
- Driving without a license
Collecting evidence to support your negligence claim gets harder the longer you wait to act. Our team can return to the scene of an accident and work with local law enforcement to assess the environment for the means to back your claim in court. Even if there’s no physical evidence on the scene, we can contact bystanders and expert witnesses and gather their statements.
Galveston Garbage Truck Accident Lawyer Near Me 844-349-9196
Taking Up a Lawsuit Against a Garbage Truck Driver and/or Agency
When you move to file a complaint against a garbage truck driver or affiliated employee, you need to consider the role that employee may play within their larger company. If a driver constitutes a full employee in the eyes of a garbage collection agency, that agency may owe said driver legal protection.
That said, some private garbage collection companies employ independent contractors. If the driver who allegedly caused your accident operates independently, your lawsuit needs to target that individual. If the driver benefits from company protection, a Galveston, TX, garbage truck accident lawyer can name an entire company in your lawsuit.
Qualified Immunity and Garbage Truck Accidents
Things grow more complicated, however, when government services get involved. Texas’s government hosts waste collection agencies and subsequently considers all employees under those banners to be state employees. As such, some of these employees may benefit from what’s known as “qualified immunity.”
State-wide qualified immunity limits the legal action that can be taken against government agencies and/or employees. In the past, questions about the validity of qualified immunity have risen up around lawsuits targeting police officers, including those addressing violence covered in Cope v. Cogdill.
The Texas House’s George Floyd Act even moved to reduce qualified immunity’s reach throughout the state, though the act stalled. Nowadays, understanding the legalities of qualified immunity in Texas can demand an experienced attorney. Fortunately, our garbage truck accident attorneys in Galveston can give you the advice you need.
Filing Your Garbage Truck Accident Complaint
Unless your case is limited by Texas’s varying qualified immunity, Texas Civil Practice & Remedies Code §16.003 defines the deadline by which you need to submit your claim. This statute allows a garbage truck accident attorney in Galveston to take up to two years to gather together information addressing your losses.
If you want to take legal action against another party, your complaint must make it onto the desk of a county clerk within this timespan. Failing to file can see the allegedly-liable party file a motion to dismiss any implications tied up in their behavior. In turn, you can lose any opportunity you might have had to pursue loss compensation in court.
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Our Attorneys Can Break Down Your Garbage Truck Accident Lawsuit
Contending with the aftermath of a garbage truck accident can leave you in a difficult position. If you’ve been in a car accident, garbage trucks can make it more difficult for you to get to and from work every day. Injuries resulting from improperly-handled debris can leave you sick and/or injured.
Buzbee Law Firm wants to challenge any instances of neglect that may have resulted in your injury. Our Galveston garbage truck accident lawyers can discuss your best course of action during a free consultation. Contact our office to learn more about the garbage truck accident compensation that you could benefit from.