When you hear about truck accidents, you might automatically envision semi-tractor trailers crashing at high speeds on interstate highways. Garbage trucks and similar service trucks tend to travel much more slowly, stop frequently, and operate locally than other big commercial vehicles. However, these vehicles often pose a threat to other drivers, passengers, and pedestrians when crashes occur.
If you or a loved one has suffered injuries in a truck accident, a Winter Park truck accident lawyer might be able to help you seek financial compensation.
A collision between a garbage truck and a smaller passenger vehicle can have catastrophic results for the passenger vehicle’s occupants. They can suffer lasting injuries that leave them permanently disabled and in need of ongoing medical care. If a garbage truck driver was careless or committed traffic violations in causing your accident, you may have a legal claim for compensation against the driver, the truck owner, and the sanitation company.
Sources of Compensation in Garbage Truck Accident Claims
Garbage truck accidents can leave you and your loved ones with severe injuries, ranging from broken bones to traumatic brain injuries (TBIs). You may have legal recourse to seek compensation when you suffer injuries in a garbage truck accident.
No-Fault Insurance Policies
Florida is a no-fault insurance state. Under Florida Statutes §627.736, victims injured in garbage truck accidents can first look to the personal injury protection (PIP) insurance that all drivers must maintain.
You must meet specific criteria to qualify for coverage. You could still be eligible for up to $10,000 in immediate medical coverage if you suffer from severe injuries needing emergency medical treatment.
Also, you might qualify for up to $2,500 in medical expenses for minor injuries that do not require emergency medical attention. In either situation, however, you must seek medical treatment within 14 days of the date of your accident.
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Filing a Lawsuit Against Garbage Truck Drivers
In particularly severe accidents, losses could exceed $10,000. These situations may allow you to file a claim for compensation against the driver or other responsible parties under Florida Statutes §627.737(2). To obtain compensation through a lawsuit, you must suffer from the significant and permanent loss of an important bodily function, other permanent injuries, or significant and permanent scarring or disfigurement. Likewise, surviving family members could seek compensation in this way if their loved one dies from injuries suffered in a garbage truck accident.
Filing a Lawsuit Against Other Responsible Parties
When garbage truck drivers cause an accident, they are likely driving the trucks as part of their employment duties. Under state law, when employees act within the scope of their employment and drive garbage trucks with the owners’ consent, the employer can face liability for the careless or reckless acts of the driver in causing an accident that injures others.
Another potentially liable party in a garbage truck accident is the truck manufacturer or truck parts manufacturer. If a defective part or vehicle led to the crash and you suffered injuries in the crash, you might have a valid lawsuit against the manufacturer or company that produced the truck part.
If you are interested in seeking legal action in your garbage truck accident case, give the Law Offices of Anidjar & Levine a call to get started. Call to schedule your free consultation today. We are ready to start working for you.
Statutes of Limitations in Garbage Truck Accident Cases
All personal injury lawsuits are subject to statutes of limitations. These laws set deadlines that you must meet to seek compensation against all parties who might be responsible for your crash. Florida Statutes §95.11(3)(a) provides that injury victims must file any court actions related to their truck accidents within four years from the accident date.
Failure to formally file your lawsuit in civil court before this deadline expires will likely leave you without any other remedies for pursuing and possibly winning compensation for your injuries. You also will have no way to hold negligent parties accountable for their actions. A Winter Park garbage truck accident lawyer can help ensure that you meet this statute of limitations.
In some cases, a garbage truck driver is a municipality or other government entity employee. When your claim is potentially against a state or local government entity, you must meet a special statute of limitations. Under Florida Statutes §768.28, you generally must file an action for negligence against a government entity within three years of the accident date. You also must give proper notice to the government entity as outlined in this statute.
Contact Us Today for Legal Counsel
The aftermath of a severe accident involving a garbage truck in which you or a loved one has suffered injuries can be devastating. You likely will be overwhelmed and unsure where to turn first for help. While you put all your efforts into your recovery, a Winter Park garbage truck accident lawyer can handle legal matters for you and your family.
We know how stressful and challenging it can be for people who are recovering from a vehicle accident. At the Law Offices of Anidjar & Levine, our goal is to minimize your need to communicate with insurance companies and attorneys so that you can focus on your health. You worry about getting better, and we will take care of everything else. Call us today to schedule your free consultation.
