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Garbage trucks tend to be very heavy and made of stronger materials than other trucks, and their role is much different than a typical commercial truck which is built to transport cargo. Due to the constant stopping, garbage trucks are not often traveling at high speeds, compared to large 18-wheelers. Yet collisions are still a possibility.
Speak with an Indianapolis truck accident lawyer about what you need to do next. Your odds of securing compensation will be much higher if you work with a seasoned truck collision attorney.
Garbage trucks are a frequent sight in most municipalities. While they try to avoid traffic disruption, it is not uncommon for an incident involving one of these vehicles. Because a garbage truck does not drive directly from one point to another, as passenger vehicles do, they are prone to danger. They will typically go from one stop to the next, sometimes only several yards at a time, and there are times that these drivers do not operate according to the rules of the road.
When there is not enough room for traffic to flow freely because of the presence of a garbage truck, especially on small side streets in Indianapolis, it is common for accidents to occur in these locations. Garbage trucks can also get in accidents like any other vehicle by following too closely or disobeying a traffic control device. Pedestrians can also get injured given how large these vehicles can be.
In a garbage truck accident, the claim is filed against the driver as well as the company who employs them. Because the driver is operating within the scope of their employment, the owner of the company is also liable for any injuries which occur as the result of negligence of the garbage truck driver. Some municipalities operate their own garbage truck fleet and the driver owes the same duty of reasonable care to everyone on the roadway. Likewise, if the municipal garbage truck driver is negligent, then the municipality will also be liable. The municipality acts like the employer.
There are clear differences when dealing with a municipal garbage truck, so it is important to promptly contact an experienced Indy lawyer after an accident.
The larger the municipality, the more likely it is that the garbage trucks will be owned by the city. Smaller municipalities do not have the budget to afford a fleet of trucks, and for this reason, garbage disposal is contracted out to private companies.
Sovereign immunity refers to laws which protect municipal liability. The doctrine of sovereign immunity means that they cannot sue the municipality unless that entity allows them to do so. With regards to most traffic accidents, municipalities waive sovereign immunity if their employees negligently caused a traffic accident. However, it can become a hurdle in a multitude of situations, and it is advisable to consult with a lawyer whenever someone is involved in an accident with a municipal vehicle.
With an accident that involves a garbage truck, it does not matter how the incident occurred, as long as it was the result of negligence. If the truck strikes a vehicle or if material falls off it and strikes a bicyclist, either of these situations can raise to the level of negligent conduct.
Call our exceptional personal injury team and discuss the legal implications with an Indianapolis garbage truck accident lawyer.