The Arizona Department of Transportation reports that there were 132 garbage truck accidents in the state during 2011. Garbage truck accidents differ from other types of truck accidents because they are more likely to involve pedestrians. In these types of accidents, its not uncommon for the injury victims to be bicyclists, garbage truck workers and pedestrians. Oftentimes, garbage truck accidents can result in severe injuries and fatalities.
If you or a family member has been involved in a garbage truck accident, you may be able to seek legal action against the negligent party. Contact a truck accident lawyer at Phillips Law Group to explore your legal options.
To schedule a Free Case Review, fill out the contact form on the right.
Waste management companies spend the majority of their time collecting trash in residential areas. While garage trucks typically move at slow speeds, their weight, lack of visibility and their handling capabilities make them very dangerous. Several factors can contribute to a garbage truck collision. Some of the most common factors that can result in a garbage truck accident include:
Children, pedestrians, and cyclists are especially vulnerable to being hit by garbage trucks because they often occupy the shoulder of the road and may not be visible to the truck driver.
Despite the challenges, the garbage truck’s driver and the workers riding on the truck have a responsibility to operate the vehicle safely. Failing to take the utmost care is negligent. If you were injured in a garbage truck accident in the Phoenix, Arizona metro area due to the negligent actions of another, the team operating the truck, complete the contact form on this page.
The force of a garbage truck accident can leave accident victims with critical and sometimes fatal injuries.Garbage trucks are especially dangerous when they rollover, the driver as well any other person in the trucks path could sustain fatal injuries. Some of the most common injuries suffered in a garbage truck crash include:
AAA reports that 5,000 people are killed in car/truck accidents ever year. If you lost a loved one in a garbage truck accident, you may have financial and legal recourse.
To speak with an Arizona wrongful death attorney, fill out the contact form on the right-hand side of the page.
Garbage truck accident claims may differ from claims arising out of other kinds of truck accidents. A garbage truck may be owned and operated by the city, or it may be owned and operated by a private waste management company operating under a city contract. The distinction can have a significant impact on any legal proceedings.
When the city owns or leases the truck and employs the workers, a plaintiff must follow the procedures in Arizona Statute §12-821.01. This statute allows lawsuits against government agencies when the actions of an employee cause injuries. However, an injured person must follow special procedures to bring a claim.
The injured person must file a notice of claim with the appropriate office within 180 days of their injury. If the notice is not served in a timely manner or is not served properly, the injured person loses their right to sue the culpable government agency. If the notice is served correctly, the agency has 60 days to pay or deny the claim, and the plaintiff has one year from the date the agency denies the claim to file a lawsuit.
The attorneys at Phillips Law Group have brought numerous lawsuits against government agencies in Phoenix. They are familiar with the procedures and will ensure that notice is served timely and any lawsuit, if required, is filed before the deadline expires.
When the operator of the garbage truck is a private Phoenix, Arizona company, a plaintiff has two years from the date of the accident or discovering injuries to file a lawsuit. If the injured person is a child, the two-year period does not begin until the child’s 18th birthday. It is usually advantageous for a parent to sue on the child’s behalf soon after the accident rather than wait until years later when the child reaches legal adulthood.
The losses a person suffers as a result of an accident are called their damages. Unlike many other states, Arizona does not cap the amount of an injured person’s damages, even when they are suing a government agency. An attorney can assist an injured person and their family members in documenting their damages after a Phoenix, Arizona garbage truck wreck.
Injured people may suffer economic damages like healthcare costs and incidental expenses. Their injuries may temporarily or permanently affect their ability to work, and the negligent party would be liable to reimburse the injured person’s lost income. When it is reasonably certain that the injuries will cause future losses or continued diminished earning capacity, the responsible party is liable to pay these future losses, as well.
An injured person is also entitled to compensation for their non-economic losses. The responsible party must pay damages for the injured plaintiff’s scarring or disfigurement, disability, physical pain, emotional distress, and lost enjoyment of life. The plaintiff’s spouse or children could claim the loss of the plaintiff’s companionship or guidance.
If you or someone you love was injured from a garbage truck accident in Phoenix, AZ, you may be entitled to compensation for medical expenses, lost wages and property damage. Contact an attorney at Phillips Law Group to learn about the legal rights afforded to accident victims.
At Phillips Law Group, a lawyer from our firm can offer a free, initial legal consultations to all injury victims. During your legal consultation, an attorney will assess your accident and advise you on the best legal remedy to pursue.
Our attorneys have the knowledge and the resources to successfully litigate garbage truck accidents. We have numerous clients receive favorable outcomes from their lawsuits.
To find out if you’re eligible to file a truck accident lawsuit, complete the contact form on this page.
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