Our Garbage Truck Accident Lawyer Can Help You Get Compensation
Garbage trucks pose a unique threat to other motorists and pedestrians due to their massive size and the frequent and sudden stops they make, which can catch pedestrians and other motorists off guard. Many new vehicle models are fitted with gripping arms that pick up trash cans and empty them, and these loader arms can pose a danger to others as well.
When a garbage truck is involved in a collision with a smaller vehicle, the resulting injuries can be catastrophic, and survivors may face long, painful recoveries, extreme suffering, expensive rehabilitation and continuing care, or even death.
If you or a loved one has been injured or someone has died in a Houston garbage truck accident due to another party’s negligence or fault, you may be entitled to compensation for your costs, losses and the damages you received. However, Texas injury laws are complex, insurance companies and their attorneys will try to deny your claim or get you to settle for the lowest amount possible, and garbage truck accident cases are further complicated by the fact that they are often owned or operated by local governments.
Fortunately, you do not have to fight for fair compensation on your own. The Houston personal injury attorneys at Terry Bryant Accident & Injury Law know how to deal with the complex laws and multiple parties and insurers involved with garbage truck accidents. We understand the difficulties you face after a traumatic accident, and we have the knowledge and resources to build a strong case with the best chances for winning a favorable verdict or settlement. We can take the burden off you by handling all legal hurdles, negotiations with insurance companies and their attorneys, paperwork, and court appearances involved with proving liability and winning the settlement you deserve, so you can focus on your recovery.
We offer a free consultation to discuss the facts of your case and determine the best way to move forward. There are no fees to you unless we win, so call us today to get started.
How Our Garbage Truck Accident Lawyers Work for You
We Take Steps to Win Your Case
Garbage truck accidents present unique challenges, especially if there are multiple parties or a municipality is involved. When you have Terry Bryant Accident & Injury Law on your side, our lawyers will get to work on your case immediately. We will:
- Meet with you and discuss how the accident happened, determine if you have a valid case and who the liable parties may be, and estimate the settlement we should fight for
- Investigate the accident by examining the crash scene, truck maintenance and employer hiring and training records, and police, ambulance, doctor, and hospital records
- Interview witnesses and first responders
- Deal and negotiate with insurance companies and their attorneys for a fair settlement
- Hire experts such as accident reconstruction engineers, inspectors to examine the garbage truck for maintenance issues or defective parts, and experts to testify as to the extent of your injuries, the care you will need into the future, and the physical and emotional effects on you and your family.
- Build your case and take it to trial if an agreement with insurance cannot be reached.
Call our Houston garbage truck lawyers as soon as possible at (713) 973-8888, as it is important to start investigating your accident while evidence is fresh and witnesses can be found. In addition, Texas has a statute of limitations, a deadline for filing a case. In general under Texas law (Texas CPRC Title 2, Chapter 16, Sec. 16.003), there is a time limit of two years after the date of the accident to file a lawsuit in court. (*Always speak directly to an attorney for the exact deadlines that apply to your specific claim(s).) If you miss this deadline, the courts are likely to dismiss your case, so do not delay.
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Damage Awards Our Garbage Truck Accident Attorneys in Houston May Win
In a successful Texas garbage truck lawsuit, you may be compensated for both your monetary costs, called “special damages,” and your non-economic damages, called “general” damages, as follows:
Economic or Special Damages to cover the cost of:
- Medical and rehabilitation costs
- Lost wages, current and projected into the future
- Property damages from the accident.
Non-economic or General Damages to compensate you for losses that do not have a specific dollar value, but negatively affect your life, including:
- Physical, mental, and emotional pain and suffering
- Loss of companionship and consortium and quality of life
- Permanent disability
- Disfigurement and scarring.
To qualify for non-economic damages in Texas, you must have had physical injury and costs.
In rare situations, where the crash was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive damages. Texas law (CPRC Title 2 Subchapter C Sec. 41.008) caps the amounts of punitive damages.
At Terry Bryant Accident & Injury Law, we will fight for optimum compensation for you and your family. Call us now at (713) 973-8888.
Amounts Of Damage Awards
There are a wide range of damage amounts you may receive, from the thousands to millions of dollars, depending on the individual circumstances of the case. Factors which may affect a settlement amount include:
- Costs of your losses and expenses
- Extent and permanence of your injuries and whether you will need continuing care
- Lost earnings and whether you will be able to work in the future
- Your age, earning potential, and family situation
- Whether death was involved
- Availability of insurance coverage and assets
- Whether the garbage truck was privately owned or owned by a municipality
- The evidence and witnesses available
- The individual jurisdiction, judge, and jury if there is a trial
- The skill and negotiating power of your attorney.
In general, severe injuries that involve permanent damage and require long-term care or death often result in a higher settlement.
A Garbage Truck Accident Lawyer Must Prove Negligence
To win your case, our attorneys must be able to show that another party, the defendant in case, was negligent, at fault, and therefore liable for your damages. To prove fault legally, we must show the existence of the following elements:
- Duty — The defendant owed you a duty of care not to cause harm.
- Breach — The defendant breached that duty by acting or failing to act.
- Cause – This breach caused an accident that resulted in your injuries.
- Damages — You suffered damages as a result.
There may be multiple parties liable for your accident, depending on the situation. In addition to the driver of the garbage truck, trash truck companies may be held liable for their employees’ negligence, as well as issues arising from poor maintenance, failure to screen, train, and do drug testing of employees, and other types of negligence. Manufacturers of the truck or its parts may be held liable if these were defective and failed, and road repair companies and municipalities may also be held liable for any negligence.
Based on our investigations and reports from experts, our legal team will find all possibly liable parties, as they all may have assets and insurance that can go toward a settlement.
Our Garbage Truck Accident Attorneys Know the Dangers of Garbage Trucks
Garbage truck drivers must navigate narrow residential streets and make frequent stops, often on the wrong side of the road. Drivers of garbage trucks must follow safety measures, have a commercial drivers’ license, and be well-trained and supervised, as these vehicles are difficult to drive and have blind spots on the sides and back. In addition, accidents can be caused if garbage and debris is not properly loaded and falls out of the truck, or from poor vehicle maintenance or equipment malfunction.
Accidents may be caused by garbage truck drivers who:
- Speed through neighborhoods
- Drive while distracted or impaired
- Pull out from the curb into an active traffic lane.
Many accidents involve other motorists who may not correctly anticipate when the waste management vehicle is about to stop. Therefore, the waste management vehicle must prevent sudden stops so as not to catch other drivers off guard, and must keep a sharp lookout for any pedestrians before moving to the next home.
Less common, but still deadly, are accidents with the loader arm on many waste management vehicles. Loader arms are responsible for gently picking up trash cans and emptying them. If they are not controlled properly, they may fling trash, debris or even the can itself, causing serious injury if they strike someone. Debris left behind may also pose a road hazard and cause a crash if it is not picked up.
Our garbage truck accident lawyer understand the likely causes of garbage truck accidents and know how to investigate and proceed accordingly.
Call Our Garbage Truck Accident Lawyers for Help
Whether you were a pedestrian, a bicyclist, or a motorist driving a car or another truck, being in a garbage truck accident can leave victims traumatized and suffering and not knowing where to turn for help. Be assured that the compassionate personal injury lawyers at Terry Bryant Accident & Injury Law are here to take the burden off you and handle all legal hurdles involved in getting you the compensation you deserve.
Don’t delay. Call Terry Bryant Accident & Injury Law now at (713) 973-8888 for a free case review.