If you or a loved one have been injured by a trash truck, contact Bisnar Chase’s California Garbage Truck Accident Lawyers at 800-561-4887.
These types of collisions happen more than people are aware of and when they do happen, many are not prepared and do not know what actions to take afterward.
The Personal Injury Law Firm of Bisnar Chase has been representing injury clients for over four decades and has sustained a 96% rate of winning cases. Our Southern California garbage truck accident attorneys have won millions of dollars for those who experienced serious losses and injuries from an accident
Call for a free consultation and to learn more about your legal rights as a truck accident injury victim.
California Garbage Truck Accident FAQ's
Seek medical attention right away. The sooner you receive medical aid, the sooner you will be able to receive treatment. Call the police for help so they may send for an ambulance right away.
There is not a standard amount that each personal injury claimant is awarded after an incident. Every personal injury is unique and compensation is dependent on how much property was damaged in the incident as well as how severe were the injuries in the incident.
Every injury claim is different, there is not a standard time when your claims process will end. It will depend on how many people were involved in the incident, how much damage was accumulated, and also how many injuries did you experience from the accident.
Yes. According to the Assembly Bill No 2115 of California, when you are driving near or around a garbage truck you must stop until it is safe to pass. Due to their size, it is difficult for truck drivers to see what is behind and in front of them, proceed with caution.
This is classified as a car incident. The first steps you would take is gathering as much evidence from the scene and filing a police report. This applies to a recycling truck as well. There are instances, where drivers experience garbage truck hit and runs, contact the California garbage truck accident lawyers of Bisnar Chase to explore your legal rights and options.
What Causes a Garbage Truck Accident?
- Reckless Driving
- Defective Motor Vehicle Parts
- Deteriorated Public Roads
- Under-trained Truck Drivers
- Extreme Weather Conditions
- Traffic Violations
- Driver Did Not Check Blind Spots
What to Do After a Large Truck Crash
After an incident, many are left vulnerable and helpless. Taking the suggested measures after a garbage truck accident can make the personal injury claims process run smoother.
If you are in a trash truck wreck, you should:
Seek Medical Attention: The health of you, your loved ones, and anyone else involved in the dump truck accident are important. If injuries are minor, it may first be helpful to gain the contact information of the driver(s) involve as well as take some pictures of the accident scene. If, however, someone has sustained major injuries (penetrating wounds, broken bones, major bleeding, etc.) call 911 immediately.
Obtain contact info: As stated above, if you are physically able to and no one has been critically injured, obtain the contact information of all person(s) involved as well as any eyewitnesses involved.
Obtain evidence: Amongst taking pictures of injuries and property damage it is also highly encouraged that you file a police report as soon as possible. Keep a copy of the police report for your records as well as any other pieces of evidence you can from the accident.
Call your insurance company: Call your insurance agent as soon as possible and let them know that you have been involved in a car accident. Inform them of the person(s) involved as well. The opposing party’s insurance company will attempt to contact you after the accident. DO NOT give them a statement until you have consulted with the knowledgeable California truck accident attorneys at Bisnar Chase.
It is important to note that if a California garbage truck driver is speeding, driving recklessly, or if the trucking company that employs the driver does not properly train a driver and lets them drive, these are all counts of negligence and if you have been injured, you may be able to seek compensation for your injuries with the help of one of our experienced garbage truck accident lawyers.
Liability for a California Garbage Truck Accident
There are three entities that could be held liable for a garbage truck accident. The first would be the driver. The trucker would have had to been properly trained and licensed before operating the vehicle. If the driver committed an error such as running a red light or not yielding to a pedestrian they could be held accountable for injuries.
The second party that can be held accountable for an injury is the trucking company. It is the responsibility of the garbage companies to make sure their workers follow the rules of the road along with applying the knowledge they learned in training as a trucker as well. When a garbage truck driver was not trained properly or the garbage trucks have not been properly maintained this can result in a collision.
At times, even if a trucker has had the best training from companies who have taken the safest precautions for years, accidents can still happen. The fault of a garbage truck accident, can at times be at the fault of the vehicle manufacturer. The state of California forces manufacturers to compensate consumers for injuries that they have experienced because of that defect. Common garbage truck defects can include the engine overheating, brakes leaking and wheel bearing issue.
Garbage Truck Collision Statistics and Facts
Being a garbage truck driver is one of the most dangerous occupations you can have. The United States Department of Labor reported that in one year, 25 people died while operating garbage trucks.
Other garbage truck collision statistics and facts include:
A garbage truck can weigh up to 51,000 pounds due to the actual vehicle and the garbage that is inside of it.
Garbage truck accidents usually take place in the early morning when it is still dark out.
According to FMCSA, 107 garbage/refuse truck fatalities occurred, and another 1400 people suffered injuries from a garbage truck.
Common Injuries Experienced in a Large Truck Incident
Garbage & dump trucks are large, bulky, and loud. These dump trucks can also be difficult to maneuver, so if an unexperienced driver is behind the wheel, many drivers and pedestrians can be put into harm’s way.
When put in harm’s way, victims can suffer injuries such as:
Burns: Burn injuries in a vehicle accident can occur from contact with explosions, chemicals, debris, hot metal or hot steam. The different types of burns that you can suffer in a car accident include first-degree burns, second-degree burns and third-degree burns. The most severe of the burns is the third-degree burn. Third-degree burns completely destroy the epidermis and could potentially destroy muscles. The nerves are damaged and the sensation, where the burn occurred, could be gone completely.
Crush injuries: Being compressed by a garbage truck can lead to multiple fractures and internal bleeding. If the injury is severe enough, for example, a victim’s leg has been pinned to the ground by the vehicle, the person’s leg may need to be amputated. Costly surgeries, multiple days spent in the hospital and family members taking days off of work to assist the victim can be a huge financial loss. These types of injuries can be life-changing and survivors may need more than just physical treatment. When adjusting to this new way of life, victims may need counseling and psychiatric aid as well.
Fatality: The size and the weight of a garbage truck differs from a passenger vehicle immensely. The mere act of a garbage truck backing up can kill a pedestrian. If you have lost a family member due to the negligence of a garbage truck driver you have the right to file a personal injury claim. The statute of limitations states that a person who has lost a family member in the event of a wrongful death has two years to file a claim. Surviving family members such as spouses and children can file a wrongful death lawsuit.
Recovery for a California Garbage Truck Accident
Truck accident laws are very complex and if you do not have a trained legal professional on your side, it will be an uphill battle when you take legal action. Most individuals that become victims in these type of accidents do not seek out legal help after the incident, even though doing so is in their best interest. Most victims shy away from trash truck accident lawyers because they fear for the high cost of hiring a lawyer.
When you hire a garbage truck accident lawyer you can win compensation for:
- Medical bills: If a survivor already has health insurance, at times, their expenses can be covered depending on their plan. There are instances though that even if an individual does have health insurance and files a claim it would still not be enough to cover their injuries. If an insurance company does cover not the medical expenses you accumulated from the incident along with the on-going medical expenses such as rehabilitation or prescription medication, call 800-561-4887 for free legal advice on your truck collision case.
- Lost wages: After a wreck, many are left out of work for months, years or are physically unable to provide for themselves due to their injury for the rest of their lives. Your legal representative would need you to be professionally evaluated by a medical doctor to understand how long you will be out of work and if you are out of work, what tasks can you perform. Evidence that can help your personal injury lawyer collect compensation (or support your case) are pay stubs, income tax returns, an employer benefit policy and W-2’s.
- Pain and suffering: Pain and suffering do not only just include physical pain, but mental as well. Physical pain and suffering can attribute to the discomfort of an injury. For example, if a person has suffered a traumatic brain injury, pain and suffering can be ongoing migraines throughout the day. Mental pain and suffering involves emotional anguish such as depression, anxiety or post-traumatic stress disorder. All of these ailments can be compensated for.
Insurance Companies and Your Settlement Amount
In other minor cases, victims may choose not to pursue legal action against the alleged at-fault due to a lack of damage or evidence or as an “easy way out” to obtain compensation. At Bisnar Chase, our California trash truck accident attorneys know the law from front to back, and we will tell you now: Do not take the insurance company’s settlement until you have discussed it with your lawyer!
If you take any settlement that an insurance company offers, you will no longer be able to purse compensation any further. This means that if you take this settlement and your medical bills exceed the lump sum that you were given, you are unfortunately out of luck. This is why it is so crucial to discuss any offers or settlements with your attorney before you take any further action.
More often that not, insurance companies will give “low ball offers” to those who have seriously been injured as a way to maximize their profit margin.
At Bisnar Chase, we do not stand for these offers that short changes innocent people that have been injured. This kind of behavior is also the sole reason why we do what we do: to give a voice for the “little guys.”
Our California Garbage Truck Accident Lawyers Can Help You
If you or your loved ones have been injured in a California garbage truck accident, we urge you to contact one of our garbage truck accident lawyers.
What you may see as nothing, we see as potential to help you receive some form of compensation for your accident. The law group of Bisnar Chase, offers free consultations to anyone who has been involved in these type of accidents. We can discuss your legal options with you one-on-one after the accident so you then can have the utmost confidence in choosing if you want to pursue legal action against the at-fault party.
We specialize in multiple practices and operate on a contingency fee basis. Which means that if we do not win, you will not have to pay for our legal representation. Bisnar Chase personal injury attorneys have been serving the Orange County, Los Angeles and San Bernardino areas for over four decades.
Call us now at 800-561-4887 for your free case review.