Accidents With Dump Trucks and Garbage Trucks

Garbage trucks and dump trucks are often more dangerous than trailer trucks and box trucks, because they are often taller, carry more weight over less space, and carry loose cargo in the beds.

Gravel and sand could fly out of a dump truck as it is driving down the road. Trash could also fly out of a garbage truck. If either of these trucks rolls over onto your vehicle, not only will the weight of the truck cause extensive damage and, most likely, severe injuries, so could the cargo itself.

Companies measure gravel and topsoil by cubic yards. A dump truck holds up to 14 cubic yards of material. Onecubic yard of gravel weighs about 2,200 pounds—that is 30,800 pounds of loose gravel in the back of a truck.

Thus, if you were in an accident involving a truck, consider speaking with a truck accident attorney as soon as you can.

Causes of Truck Accidents

Trucks get into accidents for three major reasons: Because the driver caused the accident, because someone else, such as another driver or a maintenance worker caused an accident, and because the weather played a part in the accident.

When a Truck Driver Causes an Accident

The truck driver could contribute to an accident by driving recklessly, speeding, ignoring traffic signals and signs, driving under the influence, driving while distracted, becoming fatigued, driving after not getting enough sleep, or even misjudging distances and sharp curves.

As a driver is maneuvering a curve in high wind, the wind could push the truck over on its side if the driver is going too fast for conditions. The driver may well be doing the speed limit in the curve, but high winds could make the speed limit unsafe.

When Another Party Causes an Accident

A third party is anyone else that causes the accident. Drivers who ignore thelarge blind spots that garbage trucks and dump trucks have caused accidents by hanging in those blind spots, or by ignoring a truck’s right turn signal and pulling alongside the right side of a truck when it is making a turn.

Other drivers also cause accidents by merging too close in front of a truck. A truck driver usually cannot see the first 20 feet in front of the truck. Merging in front of a truck—within 20 feet—puts passenger cars at risk for a wreck. Often passenger vehicles merge too close and then slow down. The truck driver can’t see you and could hit you.

Other ways trucks get involved in accidents include having two cars wrecking, then one or both cars being pushed into the path of the truck. These types of cases may be complicated in that investigators must determine if the other passenger vehicle was totally at fault, if you were totally or partially at fault, and/or if the truck driver was partially at fault.

Others that could cause truck accidents include:

• Maintenance workers that do not complete the maintenance properly.
• Inspectors, including the driver, that do not inspect the trucks properly before leaving on a run.
• Dispatchers who “encourage” a truck driver to meet a deadline that is not possible to meet unless the truck driver disobeys the hours of service regulations and/or speeds.
• Truck owners who do not remove the trucks from service for repairs and force drivers to continue driving.
• Parts manufacturers who knowingly sell defective parts.
• Truck manufacturers who put a truck on the market, knowing that one or more of the systems on the truck are defective.

When the Weather Causes an Accident

Sometimes weather causes an accident without a truck driver contributing to the accident. For example, if a trucker is traveling at 25 miles per hour in a 50 mile per hour zone and hits black ice, the truck is much harder to get control of than a passenger vehicle. On the other hand, if the trucker is traveling 50 mph and hits black ice when conditions are high for black ice, police could charge the truck driver with excessive speed for conditions, even if the speed limit is higher than 50 miles per hour.

Determining Fault After an Accident

Whether you collect damages, and how much, depends on who was at fault for the accident.

An attorney’s investigative team looks at several factors to help show that you were not at fault, including but not limited to:

• Police reports. While the police report is a significant factor, it becomes meaningless if the police officer does not properly complete the report. In some cases, the police at the scene of the accident write the report after taking the other driver at their word. That doesn’t necessarily mean it’s right.
• Witness statements. Accidents happen fast. In some cases, witnesses might not have seen the first few seconds of an accident; thus, their statements could be suspect.
• The other drivers’ statements. These statements could be suspect, especially if one of the other drivers is trying to blame the accident on you.
• Pictures of the accident scene. If you can take pictures of the scene, you should take pictures from all angles. The police investigation, if there is one, should also have photos.
• The location of the vehicles.
• The damage to vehicles and property, such as fences, yards, buildings, and barriers.
• Skid marks and other markings that vehicles might leave on the road.

Injuries You Might Suffer From a Truck Accident

Truck accident injuries could run the gamut from very minor scratches to major issues such as paralysis, traumatic brain injury, or death.

Injuries might include:

While injuries vary depending on how the truck hits you—or vice versa, if you tangle with a dump truck or a garbage truck, your risk of severe injuries is much higher because of the weight of the truck, size of the truck, and the type of cargo these trucks haul.

Underlying Conditions

Doctors and insurance companies know how long any certain injury usually takes to heal. However, certain underlying conditions slow healing, which makes the risk of infection higher. When an insurance company offers you a settlement, it looks at your injuries and the average time for them to heal. When you have an underlying condition, such as diabetes, or if you are taking a drug that lowers your white cell count, such as chemotherapy, the injuries usually take longer to heal.

When an injury takes longer to heal, doctors could require you to come in for additional follow-up appointments. Or, if you contract an infection, you could require additional doctors’ appointments. Thus, you should always tell your attorney if you have an underlying condition that slows the recovery process, and that you expect to see your doctors more often. Your attorney can then help you get a better settlement that will cover the extra doctors’ appointments.

Additionally, if you do contract an infection from an open wound, and that wound is a result of the accident, you need to let your attorney know, as you will have additional medical expenses to treat and care for the infection.

Long-Term or Permanent Injuries

Traumatic brain injuries, paralysis, and spinal cord injuries are often long-term or permanent. Each insurance company has its own definition of long-term. However, theSocial Security Administration defines a long-term injury as one that doctors expect to last more than 12 months, or to result in your death. Long-term injuries might also include injuries that require multiple surgeries and extensive recovery times between surgeries.

Therapy

Your injuries might also require physical, cognitive, or emotional therapy. Many injuries, including soft tissue injuries such as torn muscles, sometimes require physical therapy. Additionally, if you are unconscious for a few weeks, your muscles may start to atrophy. You will require physical therapy to restore muscle function. Finally, if you have injuries that damaged your nerves, you might need physical therapy to attempt to heal or retrain the nerves.

You might need cognitive therapy or both cognitive and physical therapy if you suffered a traumatic brain injury. And, you might need psychological therapy if you suffer from post-traumatic stress disorder, depression, anxiety, or other psychological issues as a result of the accident.

Recoverable Damages

Georgia statutes allow you to recover three types of damages: Special, general, and punitive damages. Special and general damages are an attempt to make you whole again, while the court orders punitive damages to punish the defendant for his or her grossly negligent behavior.

Special Damages

Economic damages, often referred to as special damages, are those that you or an insurance company comes out of pocket for. They have a specific price attached to them. When asking for special damages, you do have to prove them with invoices and receipts.

Special damages include:

• Past and future medical expenses;
• Therapy expenses;
• Replacement or repair of personal property damaged in the accident;
• Equipment expenses, including wheelchairs and other mobility aids, casts, and other medical equipment;
• Past and future lost wages; and
• Funeral and burial expenses.

General Damages

Non-economic damages, or general damages, are those without a price tag attached. These are more challenging to establish, and may require expert testimony to prove; however, you might not receive general damages unless your injuries are considered long-term or permanent.

The insurance company’s policies and/or the court may determine whether you receive general damages, including but not limited to:

• Pain and suffering;
• Loss of companionship;
• Loss of consortium;
• Disfigurement;
• Loss of use of a body part or function, such as a hand or your eyesight; and
• Inconvenience if you have to hire someone to do regular chores such as shopping, cleaning, home maintenance, and yard maintenance.

Punitive Damages

Georgia allows you to collectpunitive damages in some circumstances. You must be able to prove the at-fault driver’s actions were grossly negligent, and whether punitive damages are appropriate are a decision made by the court.

Some examples of gross negligence a court might consider include:

• Driving under the influence of drugs, alcohol, or other chemical substances;
• Driving while distracted; and
• Excessive speeding.

Truck Accident Case Complications

Often, people like to try to settle their claims with the insurance companies themselves. However, you must remember that insurance companies are in business to make money and that every claim they pay out reduces their bottom lines. Insurance companies will use what you say against you to deny your claim or to make a low-ball offer.

Additionally, when you get into an accident with a truck, you could potentially recover from more than one defendant. In some cases, the driver and others could be liable for your injuries. Each liable person will likely have his or her own attorney, in addition to the attorneys that their insurance companies retain. Making sure everyone gets every document related to your case could become overwhelming.

Retaining a personal injury lawyer with experience in dump truck and garbage truck accidents often increases your chances of a higher settlement. And, if you decide to litigate because the insurance company will not move off its low-ball offer, the attorney will already have most of the information required to start the litigation process, including your medical records and the other drivers’ insurance information.

Truck accidents are often complex, but truck accident lawyers get a lot of practice. Fatal accidents in Georgia included 187 deaths in accidents involving at least one large truck per accident, according to the Governor’s Office of Highway Safety. Thousands more suffer injuries.

If you are suffering from injuries because of a car accident, or if you lost a loved one in a car accident, contact Brauns Law Accident Injury Lawyers, PC so we can help.