Garbage trucks collect trash throughout Johns Creek and take it to a landfill or treatment plant. Garbage trucks are necessary for the city, but drivers have a duty of care to everyone. If you got into an accident with a garbage truck, you might deserve compensation for your costs.
Contact our Johns Creek garbage truck accident lawyers for help. If you or a loved one were injured, we can determine if you have a case. With over 20 years of experience, we know how to build strong injury claims.
Our attorneys don’t charge a fee unless we win you money. To learn more during a free consultation, call (404) 400-4000 or contact us online.
Actions that Lead to Garbage Truck Accidents
Every garbage truck accident is different. But many collisions happen because the driver was negligent.
Under the Official Code of Georgia Annotated (OCGA) §51-1-2, negligence is a lack of ordinary care. All drivers have a “duty of care” to others on the road. If a driver performs a careless action and causes an accident, the driver is responsible for the damages.
Examples of driver negligence include:
- Making an unsafe lane change
- Excessive speeding
- Backing up unsafely
- Improperly securing garbage on the truck
- Not checking blind spots
- Failing to yield
- Driving under the influence
- Driving while distracted
Garbage trucks are more difficult to drive than passenger vehicles. They often require special training and experience. If a driver isn’t careful or is inexperienced, they can make mistakes that cause an accident.
Driver negligence is not always the cause of a garbage truck accident. Sometimes, a collision happens because of:
- Poor hiring choices or training from the driver’s employer
- Inadequate vehicle maintenance
- Bad road or weather conditions
- Another driver’s negligence
The cause of an accident might be fairly obvious. Other times, it’s unclear what led to the crash. Either way, you’ll need to investigate and gather proof of what happened.
Garbage truck accidents often occur in residential areas. The driver might back up without checking behind them first, hitting another vehicle or pedestrian. These collisions can happen at any time of the day or evening.
How to Seek Compensation After the Accident
After a garbage truck accident, it’s not always clear where to take legal action. Even if the driver caused your accident, they might not be primarily liable. The driver’s employer or a government entity might be at fault for the driver’s actions.
An employer is usually at fault if their employee causes an accident on the job. However, some garbage truck drivers are contractors, not employees. In that case, the driver might be entirely responsible.
A Johns Creek garbage truck accident lawyer can help by investigating the accident. They’ll determine who is liable for your damages. Usually, the first step is to file an insurance claim. Before filing a claim, you’ll need to:
- Gather evidence from the accident scene
- Keep track of your accident damages
- Get medical treatment for your injuries
- Be careful what you say about the accident
An experienced lawyer can help with all of the above. They can also protect you from common insurance company tactics. If more than one party was at fault, your lawyer can help you build each claim.
If the insurance company doesn’t settle, you might need to file a lawsuit. This is another area where a lawyer can help with each step.
Common Dump Truck Accident Damages
After an injury accident, your losses are known as personal injury damages. There are two main types of damages:
- Economic damages (also known as special damages)
- Non-economic damages (also known as general damages)
Economic damages are monetary losses like:
- Medical bills
- Prescription medications
- Physical therapy
- Future medical treatment
- Lost wages
- Lost earning capacity
- Vehicle repair costs
You can prove these damages through bills and other documents. Thankfully, a set dollar amount makes it fairly easy to back up these losses. However, you will still need solid proof to support your claim.
Non-economic damages are more complicated. These damages are about how the accident has impacted your life. Examples of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Scarring or disfigurement
Talk to your lawyer about how the accident has affected you. Your lawyer will use a formula to put a dollar amount on your emotional damages.
Punitive damages are also available in some situations. When an accident involves very reckless or wanton behavior, the victim might deserve punitive damages. An experienced lawyer can determine if these damages apply to your accident.
John Foy & Associates can help determine your total damages after the accident. To discuss your compensation during a free consultation, call (404) 400-4000 or contact us online.
Dealing with the Insurance Adjuster
The negligent party in an accident is liable for the damages. In most cases, the at-fault party’s insurance company is responsible for paying. However, you will probably have to fight for the compensation you deserve.
An insurance adjuster might reach out to you after the accident. Keep in mind that this person is not on your side. Their job is to look for ways to reduce what they pay you.
You can help your case by:
- Being as specific as possible on your insurance claim
- Not admitting any fault or blame for the accident
- Gathering evidence from the accident scene
- Saving all proof of your damages
- Calling a garbage truck lawyer before talking to the insurance company
Insurance companies know what they’re doing. They also have their own attorneys to protect them. To level the playing field, you’ll want to consult with your own lawyer before taking any action.
Don’t wait to get the help you deserve. In Georgia, you typically have two years from the accident to file a claim. A lawyer can help you stay within the deadline and get started today.
Talk to a Johns Creek Garbage Truck Accident Lawyer Today
Garbage truck accidents can be serious and even fatal. If you or a family member were victims, John Foy & Associates can help.
We have been helping accident victims for over 20 years. Our lawyers are not afraid to stand up to the insurance companies and fight for your rights. To discuss your options during a free consultation, call (404) 400-4000 or contact us online.