Due to the large size and weight of the vehicles, garbage truck accidents in Wesley Chapel can result in extensive damages for anyone involved. Smaller passenger cars may even be completely crushed in an accident.
When you or a loved one suffer harm in this type of crash, reach out to an experienced truck accident attorney at Distasio Law Firm. One of our dedicated legal professionals can help you seek compensation for the full extent of your injuries.
How the Cause of the Wreck May Impact a Case
When a garbage truck collision occurs due to the negligent driving of the operator, the injury claim is usually similar to any other motor vehicle accident claim. Factors such as whether the driver followed federal trucking regulations would also be considered.
However, if mechanical defects caused the crash, an additional layer of investigation is needed to determine why the truck malfunctioned. It is crucial to document these issues immediately and have an expert in garbage truck mechanics evaluate the vehicle to determine the cause of the wreck. In these cases, the lawsuit is often more similar to a product liability case than a typical motor vehicle accident claim.
Liability for a Garbage Truck Accident
When you are involved in a garbage truck accident in Wesley Chapel and want to pursue a personal injury case, you need to know who to file suit against. Typically, you would file a claim against the garbage truck company; however, it may be difficult to identify the company if the police do not come to the accident scene. If law enforcement is present, they will list the name of the company on the crash report. If not, there are other ways to identify the company, such as by taking pictures of the garbage truck to see if any names are listed. Even if you cannot identify the company immediately, there could still be ways to track them down.
In addition to the garbage truck company, the truck driver or manufacturer may also be responsible for the accident and could be named on the claim. Therefore, depending on the circumstances of your specific case, you could potentially file a lawsuit against the garbage truck company, the driver, and the manufacturer.
Filing a Claim Against the Government
When a government entity owns a garbage truck involved in a wreck in Wesley Chapel, the filing process is different than if a private company operates it. In Florida, special statutes require garbage truck accident victims to notify the government entity and give them time to evaluate the claim. Additionally, there are limits on the damages that can be awarded in cases involving government entities, with a cap of $200,000—though the state legislature has the power to increase this amount if the circumstances of the case warrant it.
Recoverable Damages Following Garbage Truck Crashes
After a garbage truck crash in Wesley Chapel, the damages a victim may seek depend on their specific injuries and losses. Typically, economic damages like past and future medical expenses, lost wages, and loss of future earning capacity are sought. There are also non-economic damages like physical pain and suffering, mental anguish, and disfigurement, for which an injured person could seek financial recovery following an accident.
A Wesley Chapel Attorney Can Help You Recover from the Effects of Garbage Truck Accidents
Garbage truck accidents in Wesley Chapel can be catastrophic and even fatal. When you sustain injuries in one, you have a right to hold the party who caused you harm responsible for your physical, emotional, and financial losses.