Garbage Truck Accident Lawyer in Staten Island

 Injured by a Garbage Truck? Our Staten Island Garbage Truck Accident Lawyer Can Help 

Collisions with large commercial vehicles are always dangerous and can result in serious personal injuries. One of the most dangerous types of commercial vehicle collisions includes those involving a garbage truck, recycling truck, or another type of sanitation vehicle. According to statistics from the Federal Motor Carrier Safety Administration (FMCSA), each year in the United States there are approximately 80 fatal and 1,200 injury-causing traffic accidents involving garbage trucks. Many of these accidents occur in or around New York City, including a recent fatal garbage truck accident involving a truck driver from Queens. Even where liability is clear, it is sadly true that most defendants and their attorneys or insurance adjusters will contest liability and refuse to pay what victims and their families are entitled to under New York law. If this happens to you, contact our garbage truck accident lawyer in Staten Island for help.

Here at the O’Connor Personal Injury Law Firm, we won’t let defense attorneys and insurance companies protect dangerous drivers and refuse companies who seriously injure or wrongfully kill innocent people. Our personal injury law firm in Staten Island offers dedicated representation to victims and their families of garbage truck crashes in New York City, helping them recover compensation for conscious pain and suffering, lost wages, medical bills, and other losses. To learn more about how our garbage truck accident lawyer in Staten Island can help you and your family, contact us today to schedule a FREE consultation.

 Why Garbage Truck Accidents are Dangerous

All big truck collisions are dangerous. This is largely due to the fact that large vehicles are heavy, and heavier vehicles generate more momentum and force in an impact. It is this force which must be dispersed into whatever is struck by the truck, often a smaller passenger vehicle. As a result, occupants of those smaller vehicles are subjected to greater forces than they would if similar speed collisions with smaller vehicles. Thus, even at a low speed on local roads, collisions with a garbage truck, recycling truck, or another type of refuse or sanitation truck can result in catastrophic injuries.

In addition to the physics of a crash, garbage trucks are also more dangerous than passenger vehicles because they have more blind spots and larger blinds spots. This means that drivers need to be constantly aware of their surroundings as they start and stop. However, garbage truck drivers also need to be aware of their coworkers who are out collecting trash and recycling. Drivers also need to be aware of oncoming and passing traffic, as well as traffic merging onto the roadway from private driveways or parking lots. This combination of distractions and blind spots makes garbage trucks more dangerous and requires all drivers to pay attention at all times.

Common Injuries from Garbage Truck Accidents in Staten Island

There are many common and serious types of injuries caused by garbage truck accidents in Staten Island. This includes many injuries that are life-changing or life-threatening. Indeed, victims and their families often incur high medical bills while also facing significant lost wages from being unable to work. These losses are in addition to the painful and debilitating personal injuries most victims sustain, including some that last for months, years, or even never heal and last a lifetime.

Some of the most common examples of personal injuries from garbage truck accidents in Staten Island include the following:

• Traumatic brain injuries, or TBIs
• Spinal cord injuries, or SCIs
• Broken bones or fractures
• Organ injuries
• Nerve injuries
• Neck injuries or back injuries
• Amputations or loss of a limb
• Crushing injuries
• Blindness, either complete or partial, and either in one or both eyes
• Burn injuries, including thermal (fire) or caustic (chemicals)
• Significant disfigurement or scarring, and
• Many other serious personal injuries, including the wrongful death of an innocent person in Staten Island.

Proving Liability in a Garbage Truck Crash

 In order to recover compensation for personal injuries in a Staten Island garbage truck accident, victims will need to establish liability against a defendant. Also known as fault, a victim usually establishes liability by asserting a cause of action (or claim) for negligence.

Under New York law, all motorists owe others a duty to exercise reasonable care under the circumstances in the use or operation of a motor vehicle. This includes the drivers of garbage trucks, recycling vehicles, and other sanitation trucks. Conduct that may be considered unreasonable and negligent include the following:

• Speeding
• Running a red light
• Failing to yield
• Mechanical errors
• Aggressive driving
• Failing to check blind spots
• Driving on the wrong side of the road
• Following too closely
• Distracted driving
• Drunk driving or drugged driving
• Driving while fatigued
• Improper left turns
• Unsafe backing
• Dangerous lane changes or merges, and
• Other types of unlawful conduct that could cause a crash.

Victims who are injured in a garbage truck crash involving any of these causes, or any other cause that is potentially negligent, may be entitled to compensation for their damages that were proximately caused by the defendant’s negligence. This includes if a victim has pre-existing injuries or if the victim was partially at fault for his or her accident and injuries.

Unique Issues in New York Garbage Truck Accidents

Not all garbage truck accidents are created equal. Indeed, there are important differences in garbage truck accidents between private companies and municipal entities. This is true even though fault and damages may be obvious in a garbage truck accident. Unfortunately, some of these issues must be immediately evaluated and addressed in order to preserve a victim’s possible claim against a defendant.

These special issues relate to bringing an action against a defendant. More specifically, they relate to the statute of limitations period, or the time limit to commence a personal injury lawsuit set by New York law. 

Generally, there is a three-year time limit to commence a garbage truck accident lawsuit when it was caused by a private company. However, there are some instances when that time period may be longer, but also some instances where it might actually be shorter. This includes against a municipal entity, such as DSNY, where the time limit is much shorter and there is a precondition to filing a lawsuit.

Special Rules for Municipal Defendants

Specifically, a victim must serve a “notice of claim” against the City of New York if a New York City Sanitation Truck caused a garbage truck accident in Staten Island or the rest of New York City. This notice of claim must be served within 90 days of the accident, and must include certain information as required by the statute. In addition to this information, victims may have to attend a “50-h hearing,” which is just a type of deposition pursuant to part of the General Municipal Law.

Once a notice of claim has been served, and after the defendant has had an opportunity to review the claim, a victim has only one year and 90 days to file a lawsuit against that defendant. This is much shorter than the three-year time limit for private companies. As a result, victims will need to contact a garbage truck accident lawyer in Staten Island much faster than other types of personal injury cases.

What If I Didn’t Serve a Notice of Claim in 90 Days?

The failure to serve a notice of claim within 90 days of an accident is a serious issue. Courts have considered this requirement to be a precondition to commencing a lawsuit. This means that the failure to comply with this step and result in the outright dismissal of a garbage truck accident lawsuit.

However, there are some exceptions to this rule. This includes where a defendant had actual notice and the chance to investigate the alleged claim within the 90 days following an accident. In that event, a victim may file a motion seeking persmission to file a late notice of claim. This motion must still be made within the one year and 90-day statute of limitations period.

Unfortunately, even where it is clear that there may be a claim with notice and a chance to investigate, defense attorneys will vehemently contest nearly all motions for a late notice of claim. Thus, it is imperative that victims and their families seek representation from an experienced garbage truck accident lawyer in Staten Island to protect their rights to compensation.

Injured in a Garbage Truck Accident in Staten Island? Call the O’Connor Personal Injury Law Firm

After a motor vehicle accident in New York City, especially a garbage truck accident in Staten Island, victims and their families need to obtain quality representation to protect their rights to compensation under New York law. Although many people assume that they have a lot of time to commence a personal injury lawsuit, including if the defendant appears to be a private company, there are some unique issues that could arise in pursuing a claim. This includes where a municipal entity has contracted with a private company to assist with refuse collection. Thus, even where a truck appears to be from a private company, victims and their families should always assume that it is not to avoid the possible dismissal of a case.

The experienced garbage truck accident lawyer in Staten Island at the O’Connor Personal Injury Law Firm can help protect your rights to compensation. Our personal injury law firm offers free consultations and case evaluations for victims and their families throughout New York City, especially right here in Staten Island. To learn more, contact us today by dialing (866)-927-3809 or by sending us an email through our “Contact Us” box available here.