The most common types of accidents are dropping of cargo or debris falling if the driver failed to secure the loads or there are rocks flying off the back. Overloading the truck, driver error, driver negligence or distraction are a few common causes of dump truck accidents. It is similar to any other kind of accident.
An Aurora garbage truck accident lawyer has the necessary experience to help you begin preparing your case for possible compensation. If you have been injured in a dump truck accident, it may be imperative to speak with an established personal injury attorney about your recovery.
Aurora Garbage Truck Routines
The City of Denver is the only city that provides municipal garbage pick-up for free, typically on side streets. Garbage trucks generally have a route making several starts and stops. Interstate-70 is probably the most likely area for a dump truck to be present. There are several gravel mining sites along I-70 doing pick-up and delivery.
More often than not, if a person is going to be involved in a garbage truck accident, it will be because the garbage truck either stopped suddenly, or someone was trying to pass it. Another example could be the truck ran a red light through an intersection. However, a garbage truck accident is probably the least common because the trucks are so slow moving.
When to File for Damages After a Dump Truck Accident
A governmental immunity notice needs to be filed within 182 days of the incident. If someone does not contact an Aurora garbage truck accident lawyer to file a governmental immunity notice within the statute of limitations, their claim against the city will be forever barred. It is only a very brief, six-month statute of limitations, not in which to file a lawsuit but to put the government entity on notice that a person has a claim against them. If they do not put them on notice of a claim, then they are afforded immunity under the Governmental Immunities Act.
How Does a Driver’s Error Impact a Garbage Truck Accident Case?
When driver error is involved, a person opens up vicarious liability issues and scope of their employment. Some questions a case may require answering include:
- Was there negligent training or supervision?
- Were they under the influence?
- Were their actions willful and wanton?
- Were they on their phone or distracted?
Possible Dump Truck Injuries
If someone is hit by debris – because dump trucks generally carry heavy rock, dirt, trash, and other debris – there can be significant injuries if something strikes the windshield or comes into the vehicle. If avoiding debris causes the vehicle to roll or swerve, that could be pretty significant.
If the truck is carrying rocks or cement or other mining materials and it leaves the debris in the road, it can cause big issues if someone is trying to avoid the accident or is hit by the debris. If a dump truck is carrying metal scraps, then some of those can be very troublesome.
Commonly Sought Damages for Garbage-Related Accidents
Insurance adjusters have to account for the severity of the accident because dump trucks are not little and they have to account for the employer’s liability. An Aurora garbage truck accident lawyer knows that possible damages often include disfigurement and impairment such as property damage, medical bills, wage loss, pain, and suffering. They may seek punitive damages if the driver was found to be willful and wanton, if they were purposely overloading the truck and if they were in a hurry or if they ran a red light.