California Garbage Truck Accident Lawyer
It is easy to assume that garbage truck accidents don’t happen often since city trash trucks (also known as waste collection vehicles) usually come to collect trash just once (or twice) a week. However, according to United States government statistics, more than 1,400 garbage truck accidents cause injuries each year, and more than 120 result in at least one death.
Garbage truck accidents are on the rise in California and throughout the U.S. Over a recent two-year period, the U.S. saw a 25% increase in fatal garbage truck accidents, per the Federal Motor Carrier Safety Administration (FMCSA). As experienced garbage truck accident attorneys representing victims in these potentially deadly incidents, we want you to understand your full legal rights if the worst should happen to you or a member of your family.
If you would like to speak with a garbage truck accident lawyer about pursuing a legal claim, please contact us or call toll-free (855) 948-5098 for a free and confidential case evaluation. Our law firm has several offices throughout California and we represent clients nationwide.
Yes, garbage trucks can cause significant harm in an accident. Like any tractor-trailer or semi-truck on the road, garbage trucks are large and heavy vehicles capable of causing severe damage. The average weight of a garbage truck is 64,000 pounds, according to Southern California-based Titan Recycle and Trash. Smaller trash trucks are still quite heavy, often weighing about 40,000 pounds.
The sheer size and weight of trash trucks make them dangerous. In any accident involving a garbage truck, car occupants, motorcyclists, bicyclists, or pedestrians usually bear the brunt of the damage. According to data from the Insurance Institute for Highway Safety (IIHS), in fatal crashes between a large truck and a passenger vehicle, 97% of the reported deaths were occupants of passenger vehicles.
According to the U.S. Bureau of Labor Statistics (BLS), there are currently more than 120,000 garbage and sanitation workers collecting and dumping refuse and recyclables. The top five states with the most sanitation collectors (and the most garbage collection vehicles on the road) include:
- California (13,950 garbage and waste workers)
- New York (10,290 garbage and waste workers)
- Texas (10,060 garbage and waste workers)
- Florida (9,190 garbage and waste workers)
- North Carolina (5,980 garbage and waste workers)
Below you will find fatal garbage truck crash statistics from the FMCSA for the most recent years (2016 – 2018):
| 2016 Garbage Truck Accidents | 2017 Garbage Truck Accidents | 2018 Garbage Truck Accidents |
| 93 Fatal | 108 Fatal | 124 Fatal |
| 1,485 Injury | 1,427 Injury | 1,471 Injury |
| 2,356 Total | 2,430 Total | 2,569 Total |
Driving a garbage truck is difficult and dangerous. In fact, a garbage truck driver is one of the most dangerous jobs one can have in America. The fatal injury rate for waste collectors is 34 per 100,000, which is ahead of police officers, firefighters, construction workers, and many others.
The margin for error is very small when you are dealing with heavy and dangerous equipment, and often facing time-sensitive and demanding schedules each workday. If a garbage truck driver speeds, drives while fatigued, or is distracted by a cell phone, the result can be deadly. Government data shows that at least one driver-related factor was cited in roughly a third of all fatal truck crashes in 2018.
But truck driver negligence is not the only factor in truck crashes. Manufacturing defects and maintenance failures are also causes of garbage truck accidents. For example, if a component part of a garbage truck had a design deficiency or was not manufactured correctly, and that failure led to an accident, the company responsible may be held liable in a lawsuit.
Determining the cause of an accident and uncovering all of the responsible parties takes experience and skill. An experienced garbage truck accident lawyer with a track record of success litigating trucking cases will understand how to find all negligent parties and maximize compensation for the victims. We have litigated numerous cases in which our law firm’s investigation found negligence outside the purview of a law enforcement investigation. This investigative work effectively increased the case value to our clients.
Garbage and waste management companies (and their insurers) may go to great lengths to avoid liability for causing injuries or deaths if one of their trucks is involved in an accident or incident. These companies have extensive resources. They will dispatch their own investigators, attorneys, and other personnel to strengthen their case and limit any payout to victims. Their job is to cast the case in a light most favorable to their clients. Hiring an experienced garbage truck accident lawyer in California is your way to level the playing field.
The amount of compensation you may receive after a garbage truck depends on a multitude of factors, including:
Injury Severity: Generally, the more severe a claimant’s injuries are, the higher the compensation. You may be eligible to recover money to pay for medical bills, ongoing health care treatment, rehabilitation, long-term care needs, and more.
Economic Damages: This includes compensating the victim for lost wages if they could not work after the crash, loss of future earning capacity, and any property damage incurred in the accident.
Non-Economic Damages: Compensation may also be available for pain and suffering, emotional distress, and reduced quality of life.
Liability: You will be compensated fully for your damages if the garbage truck driver or the company the driver works for is at fault. However, your compensation may be reduced if you were partially at fault. California's comparative negligence law allows for fault to be distributed among all parties involved in an accident based on their degree of responsibility. This means that even if you were partially at fault, you may still recover non-economic damages proportionate to the other party's share of liability. Regardless, you will be abel to recover your full economic damages even if the garbage truck driver is only 1% at fault.
Insurance Coverage: Most garbage truck companies are covered by liability insurance. The limits of these insurance policies and any other entities or individuals involved may impact the amount of compensation available in your case.
Legal Representation: The experience and skill of your accident attorney will play a significant role in your case.
The best way to determine the value of your case is to consult with a garbage truck attorney. At Wisner Baum, we offer free case evaluations, which can help you better understand what you might expect by pursuing a lawsuit.
The accident attorneys at Wisner Baum have a proven track record of success in obtaining settlements for clients harmed in preventable truck crashes. Our attorneys have obtained the following truck accident settlements and verdicts:
- $20 million verdict for wrongful death in case involving a tour bus and a commercial duck boat vehicle.
- $15 million settlement in case involving a tractor-trailer vs. pedestrian accident.
- $8.5 million verdict for wrongful death in a truck crash case.
- $6.9 million settlement during trial against a trucking company.
- $6 million settlement for wrongful death stemming from a truck accident.
- Over 75 truck accident lawsuits successfully resolved for $1 million or more.
Put your case in the hands of proven litigators who understand how to obtain full and fair compensation for clients.
The California law firm of Wisner Baum has litigated truck accident cases for more than 30 years. We know what it takes to win against garbage and waste management companies. With over $4 billion in verdicts and settlements for clients across a broad range of practice areas, we understand what’s needed to prevail in cases against any corporate opponent.
If you were harmed in a garbage truck crash, call (855) 948-5098 today to speak with an experienced attorney about your case. Contact us online for a free and confidential case evaluation.
Our Case Results
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$265 Million Settlement Fatal Train Crash
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
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$3.5 Million Settlement Fatal Train Crash
Wisner Baum secured a $3.5 million settlement on behalf of an individual who died on a train.
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$2 Million Settlement Fatal Train Crash
Wisner Baum obtained a $2 million settlement on behalf of a passenger who died on a train.
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$2.8 Million Settlement Wrongful Death
Wisner Baum obtained a $2.8 million wrongful death settlement for a train passenger.
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