Sharing a Brooklyn city street with a dump or garbage truck is sometimes a frightening experience. The sheer size of the truck and its moving parts make it imperative that the driver maintains control.
Passenger vehicles, motorcyclists, bicyclists, and pedestrians are no match when a collision occurs with a dump or garbage truck. If you suffered serious harm due to a negligent truck driver, you may want to speak with a Brooklyn dump and garbage truck lawyer as soon as possible.
Public Versus Private Dump and Garbage Trucks
The New York City of Department of Sanitation operates approximately 150 open dump trucks. These multi-purpose dump trucks remove illegally dumped debris from vacant lots and other parts of the city. In the winter, the department uses these trucks for plowing and hauling snow.
Other trucks operated by the sanitation department include rear and front-loading garbage trucks. These trash collection trucks carry approximately 12,000 tons of trash and recycle each day.
In addition to city services, multiple companies provide sanitation services throughout New York City. Commercial and residential services are available through privately owned companies. These companies are responsible for their truck maintenance and driver training.
If you experienced a traumatic accident involving a city or privately owned truck, finding the right lawyer is crucial for your case. Pursuing legal action against the city versus a privately owned company requires extensive knowledge of civil law.
Personal injury cases are sometimes challenging, depending upon the parties involved. A Brooklyn personal injury lawyer can investigate your accident and manage your case. In addition, serious injuries demand that you focus on your health and healing. Hiring a lawyer to represent you can perhaps ease some of your stress during this difficult time.
Negligence and Liability for Your Brooklyn Accident Injuries
As part of their investigation, your lawyer may interview eyewitnesses and review police reports. Careful reviews of accident scene photographs, video, and your medical records are generally another part of the investigation.
Both the city and a private company may blame you for the accident. This possibility makes it imperative that you not discuss your case with anyone representing the trucking company or their insurance company.
A dump or garbage truck company—or the city—may face liability for your damages if one of the following conditions caused the accident:
Driver Behavior
Operating a dump or garbage truck requires a commercial driver’s license (CDL). Driver training and responsibility are essential for operating trucks along congested and sometimes narrow city streets.
A commercial truck driver must refrain from the following actions or behaviors behind the wheel:
- Operating under the influence of alcohol and/or drugs
- Driving distracted by actions in and out of the cab
- Aggressive driving, including speeding, purposely tailgating, and running red lights
- Drowsy driving due to an undiagnosed sleep disorder, over-the-counter medications, or a similar reason
These are a few examples of driver behavior that can result in a tragic accident. When a dump or garbage truck driver drives recklessly, your life can change instantly following a collision. If this happens to you, it’s important to seek the compensation you deserve.
Mechanical Issues
Serious mechanical issues involving the truck can also contribute to a tragic accident. Poorly maintained trucks or those without consistent inspections place Brooklyn residents and visitors at risk for serious harm.
Mechanical issues that may contribute to a collision with another driver, motorcyclist, bicyclist, or pedestrian include:
- Worn tires
- Poor brakes
- Broken lighting
- Engine problems
- Malfunctioning dumpster beds
A mechanical issue is no excuse for the serious injuries you or a loved one suffered. Your lawyer can work to determine if a history of poor maintenance and a desire to save money on repairs is the reason for your life-changing injuries.
The dump or garbage truck driver or company probably could have prevented your accident. Holding those responsible for your damages is how a lawyer can help you. Pursuing the best outcome possible for your case is too difficult to manage alone.
Private trucking companies and the city protect their best interests with insurance companies and lawyers. Give careful thought to protect your best interests by contacting a personal injury lawyer today.
Important Tips for Pursuing Compensation
Fighting for compensation is a complex process. There are two key areas where you must use caution: insurance companies and the statute of limitations.
Beware of Aggressive Insurance Adjusters
An insurance adjuster may contact you to offer you a settlement. This act may occur shortly after your accident. No matter how friendly they seem, they intend to settle your case for the least amount possible.
Once you sign the papers accepting a settlement, you generally cannot pursue additional legal action later. This is because your injuries may develop complications or worsen.
The settlement you accept closes your claim. There are no options for seeking more compensation for your medical needs. This is why proceeding with caution—and with an attorney—is important for your case.
The best course of action worth considering is to hire a Brooklyn truck accident lawyer and refer insurance adjusters to them.
Understand the Statute of Limitations
The key component of the statute of limitations necessary for you to understand is that of time. New York law allows a certain window of time for pursuing a civil lawsuit. If you fail to file your lawsuit within the allowed time, you generally miss your chance for compensation forever.
The statute of limitations partly exists so that cases do not continue forever.
Quick action with a civil case is necessary for:
- Finding evidence before it becomes lost
- Interviewing witnesses whose memory made fade or who may leave the area
The civil process typically starts with your lawyer negotiating with an insurance company for a fair settlement. Insurance companies are generally reluctant to pay accident victims the compensation they deserve. The negotiation process requires strong skills and firm resolve for not giving in.
While most personal injury cases settle without going to trial, your case may proceed to trial. Hiring a lawyer with trial experience is vital for your case in the event of a necessary trial.
Many people may claim to want to help you following your accident. An initial settlement offer from an insurance company may seem like a lot of money to you and your family. Chances are, it is not enough for any future medical needs that may arise.
Delaying a call to a Brooklyn lawyer can greatly impact your ability to pursue compensation. If you find yourself facing a growing stack of medical bills, a loss of income, and other damages due to truck driver negligence, you may want to hire a lawyer immediately.
The High Costs of Life-Changing Injuries
The impact of a dump or garbage truck striking your body or vehicle can result in devastating injuries. The accident is over in a second; however, your injuries may require a lifetime of expensive medical care.
Depending upon the details of your accident, your injuries —or those of a loved one —may include:
- Severe brain injury: The effects of a traumatic brain injury can cause mobile, cognitive, and behavioral issues. A severe traumatic brain injury may require extensive therapies or 24-hour care; costs can surpass your ability to pay.
- Spinal cord injury: A spinal cord injury is a catastrophic injury that typically results in paralysis. Home modifications to accommodate a power chair for mobility are a small part of the costs associated with such an injury.
- Internal injuries: An internal injury may require emergency surgery, affect organ function, and possibly result in death. Internal bleeding and other injuries require the immediate attention of a medical professional.
- Bone fractures: Any type of collision involving a dump and garbage truck can result in multiple broken bones. Surgery, physical therapy, and sometimes amputation are necessary, requiring significant time missed from your job.
This is not a complete list but a few examples of the severe injuries possible in a dump or garbage truck accident. If you suffered serious injuries due to a careless truck driver, a Brooklyn personal injury lawyer can help with your case.
Fighting for compensation is a fight you should not do alone. A personal injury lawyer has the experience and knowledge necessary to protect your best interests in such an important legal matter.
Fatal Brooklyn Dump and Garbage Truck Accidents
If you lost a closed one due to a negligent truck driver or a poorly maintained vehicle, legal options are possible. Your relationship with the decedent plays an important role in whether you can pursue litigation.
Sharing the busy Brooklyn streets responsibly is the responsibility of everyone. A fatal dump or garbage truck accident is a tragic event that should never occur.
You need to take immediate steps necessary following the news of the loss of your loved one. From contacting friends and family to planning a funeral, there is no time for pursuing civil action on your own. It is also unacceptable for aggressive insurance adjusters to call on you as you mourn your loss.
Grief is an intricate emotion that is sometimes overwhelming and exhausting. If you lost a close loved one due to a negligent driver, company, or city service, consider contacting a wrongful death attorney for help.
In addition to managing insurance adjusters, an attorney can file the necessary paperwork and protect your best interests. By frequently updating you with information regarding your case, the right attorney can keep you informed throughout the process.
How a Brooklyn Personal Injury Lawyer Can Help You
The frequent stops and starts of dump and garbage trucks make proper maintenance and driver training imperative. Brooklyn, traffic, and city streets contain various users of all ages. While navigating a truck in these busy conditions is not always easy, safety is paramount for preventing harm.
A serious injury can disrupt your quality of life. If the injury is permanent, you must learn to adjust to a new way of life. Your career, relationships, and more may suffer, and this is not fair.
The time immediately following a tragic accident is one of confusion and shock. Doctor appointments, procedures, and decisions about your treatment replace your normal daily tasks.
Hiring a lawyer to represent you may cross your mind, yet you delay making contact due to fear of costs. Accident victims need to know that most Brooklyn truck accident lawyers work on a contingency fee basis.
Brooklyn Truck Accident Lawyer, Andrew Finkelstein
The understanding that a lawyer does not require a deposit or retainer for their services can ease your mind. The collection of their legal fees depends upon the outcome of your case. A civil case lawyer collects their legal fee if and when they win compensation for you.
Consider Contacting a Brooklyn Dump or Garbage Truck Lawyer Today
Time waits for no one. The days and weeks following your tragic accident can pass in a blur. Learning how to adjust to your injuries or loss takes time, yet time is not on your side when pursuing legal action.
A Brooklyn personal injury lawyer can work with you to determine the best course of action for your case. Investigations and identification of all liable parties require you to act as soon as possible.
A tragic New York City dump or garbage truck accident due to negligence demands accountability. No one should pay for medical costs that result due to the negligence of others. If you suffered serious injuries or loss in a dump or garbage truck accident, hold the guilty party accountable, and help protect others from suffering the same life-changing experience.