What Happens If You Get Hit By A Garbage Truck?

Garbage trucks can weigh more than 40,000 pounds, and collisions involving them can cause severe injuries and substantial property damage. The legal process that follows is far more complicated than a typical car accident claim.

After a garbage truck collision in California, the process may involve several immediate and follow-up steps, including:

• Emergency medical treatment and ongoing care for injuries.
• Police response and official accident reporting.
• Department of Motor Vehicles (DMV) reporting when required.
• Identifying the truck’s owner, driver, employer, and maintenance provider.
• Filing an insurance claim or, in some cases, a government claim.
• Preserving photographs, videos, truck data, and witness information.
• Documenting medical treatment, lost wages, property damage, and other losses.

If the claim is disputed, the matter may move into settlement negotiations or a personal injury lawsuit.

A critical early issue is determining who operated the truck and under what authority. A private waste company may employ the driver, a city may operate its own sanitation fleet, or a private contractor may collect waste under a municipal agreement. The logo on the vehicle does not always identify every responsible party.

This distinction may affect:

• Potential liability.
• Available insurance coverage.
• Whether special rules apply to claims against a government entity.
• The time limits for filing a claim or lawsuit.

It’s important to understand your situation before taking any action. That first step matters because identifying who operated the truck is the foundation of your entire claim. Trash truck accident lawyers can help you identify who may be liable, what laws apply, and how much time you have to act.

Injuries And Losses In Garbage Truck Collisions

Garbage trucks can cause serious injuries because of their size and weight. They often operate in areas with other road users or parked vehicles nearby, and limited visibility may enhance these risks.

These trucks often move through residential streets, alleys, driveways, and tight areas. Pedestrians, bicyclists, sanitation workers, and people in smaller vehicles can get crush injuries. This happens when drivers don’t check their mirrors, cameras, sensors, or blind spots.

Other collisions may happen during wide turns, sudden stops, lane changes, or when a truck pulls away from the curb. The type of collision can affect the injuries involved, the available evidence, and which parties may be responsible.

Possible injuries include:

• Traumatic brain injuries
• Spinal cord and back injuries
• Broken or crushed bones
• Internal organ injuries and internal bleeding
• Severe cuts and soft-tissue injuries
• Amputations
• Permanent disability or disfigurement
• Emotional trauma

These injuries may lead to medical expenses, lost income, reduced earning ability, property damage, pain and suffering, and the need for ongoing care.

Garbage Truck Accident Settlement

If a garbage truck driver or another party was negligent and caused your injuries, you may be able to seek economic and non-economic damages. Compensation will depend on the specific details of your case. These include your injuries, the extent of your losses, and the evidence for your claim.

• Economic Damages: These compensate for measurable financial losses, such as:
  • Medical bills and future medical care.
  • Lost wages and reduced earning capacity.
  • Property damage.
  • Rehabilitation and therapy expenses.
  • Out-of-pocket expenses and necessary household assistance.
• Non-Economic Damages: These address losses without a fixed price, such as:
  • Pain and suffering
  • Emotional distress
  • Reduced quality of life
  • Disability or physical impairment
  • Disfigurement and scarring

Severe garbage truck crashes can lead to serious consequences. Victims could incur high medical costs and need long-term care. Additionally, they may face permanent disability and lose future earning potential.

A property damage claim may be handled separately from a bodily injury claim. Recoverable property losses may include:

• Vehicle repairs
• Replacement value if the vehicle is totaled
• Towing and storage expenses
• Rental-car expenses
• Loss of use
• Damage to other personal property

Personal injury and property-damage claims may have different filing deadlines. Don’t sign a broad release until you know if it covers just the vehicle damage or all claims from the collision.

If the victim dies, qualifying family members or other eligible claimants may pursue a wrongful death claim. They may claim losses like funeral costs, lost income, and loss of companionship. A separate survival claim may sometimes address losses incurred by the deceased before death.

What you can recover depends on the evidence, the seriousness of your injuries, available insurance or public funds, and each party’s share of fault.

Understanding Liability Garbage Truck Accidents

Garbage truck accidents often have many responsible parties. These vehicles are usually owned, operated, maintained, and dispatched by different groups. For example, a truck might be owned by a private waste company. An employee or contractor could drive it. A third-party repair provider might handle maintenance while it operates under a city or county contract.

A person pursuing a negligence claim generally must establish four key elements:

• The driver or another responsible party owed a duty of care.
• That duty was breached through unsafe or careless conduct.
• The breach directly caused the collision and resulting injuries.
• The injured person suffered measurable damages, including medical expenses, lost income, and pain and suffering.

Potentially liable parties may include:

• Garbage truck driver.
• Driver’s employer (private waste company or contractor).
• City, county, sanitation district, or other public entity.
• Private waste contractor or subcontractor.
• Staffing agency involved in hiring, training, or supervision.
• Truck owner or leasing company.
• Maintenance or repair provider.
• Manufacturer of defective truck parts or equipment.
• Property owner or contractor responsible for unsafe collection conditions.
• Another motorist contributed to the collision.

Liability may arise under several legal theories. An employer may be responsible for an employee’s negligence when the employee was acting within the scope of the job. Other parties can be liable for their own negligence. This includes poor maintenance, inadequate training, or unsafe operating practices. A manufacturer or seller may also face a product liability case if a defective truck part contributed to the crash. Product liability includes defects in design, manufacturing, or warnings.

California follows a pure comparative negligence system. Under this rule, an injured person can still seek compensation even if they were partially at fault for the accident. However, any recovery is reduced in proportion to their share of responsibility. For example, if total damages are $100,000 and the injured person is found 20% at fault, the recovery would be reduced to $80,000.

Because multiple entities may share responsibility, each may also have separate insurance coverage, contracts, and legal defenses. Trash truck accident lawyers consider evidence to assess liability in these cases. These can include scene photos, police reports, and eyewitness accounts.

Government Immunity And Public-Entity Liability

When a city, county, sanitation district, or other public entity is involved, different rules apply than in private claims. While public entities enjoy broad statutory immunities, California Vehicle Code § 17001 explicitly makes cities, counties, and government agencies liable for injuries caused by a public employee’s negligent operation of a motor vehicle while acting within the scope of their job.

Even when liability is possible, public entities may assert statutory immunities and procedural defenses that do not apply to private companies.

Common considerations include:

• The nature of the employee’s conduct.
• Whether a statutory immunity applies.
• Whether the claim involves a protected governmental function or decision.

Before filing a lawsuit, the injured person must identify the correct public entity and follow California’s government claim rules. This claim process is mandatory but does not guarantee compensation. It is generally a necessary step before filing a lawsuit for money or damages against a public entity.

Critical Deadlines In A Garbage Truck Accident Claim In California

When a garbage truck accident occurs, important deadlines may begin running soon after the crash. In many cases, injured parties may pursue an insurance claim to recover losses. For claims against private companies, applicable deadlines may vary depending on the circumstances and the parties involved. If a city, county, or government owns the truck in California, special rules may apply. You should file an administrative claim within six months. If you miss the deadlines, you may lose your right to pursue compensation.

If you are considering a lawsuit involving a private company-owned truck, California Code of Civil Procedure (CCP) § 335.1 generally provides a two-year deadline for personal injury lawsuits. CCP § 338(c) generally provides a three-year deadline for property damage lawsuits from the date the damage occurs.

If the public entity rejects the claim and provides the written notice required by law, you generally have six months after the rejection notice is personally delivered or mailed to file a lawsuit. If the required written notice is not provided, you have two years from the date of the garbage truck accident to sue (GOV § 945.6).

If the six-month government claim deadline has already passed, the claim is not necessarily lost immediately. Under state law, you may apply for leave to present a late claim in certain circumstances. The application must generally be made within a reasonable time, not exceeding one year after the claim accrued, and approval is not automatic (Gov. Code §§ 911.4, 911.6).

Immediate Steps To Take After A Garbage Truck Collision

Your first moves after a garbage truck collision can make or break your case. Get medical care and report the crash quickly. Act promptly to request preservation of digital evidence before it is overwritten, lost, or destroyed through routine data-retention practices. Each step below protects both your health and your ability to seek compensation.

• See a Doctor Right Away: Even if you feel fine, visit a physician to document any injuries. Some injuries, such as internal bleeding, may not show obvious signs at first and can become dangerous without prompt care.
• Collect Evidence After the Crash: Understanding how to document a truck accident scene can help capture important information. Document the following:
  • Vehicle damage
  • Road conditions
  • Injuries
  • Witness statements
  • Other details relevant to your insurance claim or legal case.
• Report the Crash and File Your SR-1 Form: If you were driving, you must file an SR-1 form with the DMV within 10 days. This applies if anyone was injured or killed, or if the crash caused injury or property damage over $1,000.
• Do Not Admit Fault at the Scene: You do not have the full picture of what caused the crash. Any statement you make can be taken out of context and used against you.
• Request Preservation of Evidence: Engine control module (ECM) data and dashcam footage may be overwritten, while maintenance records may become harder to obtain over time. A preservation letter notifies the trucking company that relevant evidence should be preserved.

A preservation letter is not a court order. It places the recipient on notice that relevant evidence may be needed and should not be destroyed. A trash truck accident attorney can help identify important evidence, prepare a preservation request, and take steps to protect your legal interests.

Frequently Asked Questions About Garbage Truck Accidents

Garbage truck accidents can raise many questions about liability, insurance, evidence, and next steps. The answers below address several common concerns and explain how different circumstances may affect a claim.

What If A Garbage Truck Hits My Parked Car?

The garbage truck company is generally responsible when its driver hits a parked car. The driver has a duty to operate the vehicle safely, and striking a stationary car constitutes negligence. Even if your car was parked illegally, you can still file a claim. California’s pure comparative negligence rule may reduce your payout if you share some fault, but it does not block your right to recover damages.

What If The Garbage Truck Driver Fled The Scene?

File a police report as soon as possible. If you suffered bodily injuries and the hit-and-run driver is unknown, report the accident to law enforcement within 24 hours. This creates an official record and may help identify the driver. This process can help preserve an uninsured motorist bodily injury (UMBI) claim. In California, this coverage may apply if the unknown vehicle made physical contact and you submit the required police report and insurer statement on time.

For vehicle damage, check whether your policy includes collision coverage or uninsured motorist property damage (UMPD) coverage. Collision coverage may apply even when the hit-and-run driver cannot be identified. UMPD, however, generally requires that the responsible driver and vehicle be identified and that the driver be uninsured.

What If Defective Equipment Caused The Crash?

A maintenance provider, truck owner, equipment manufacturer, or waste company may be liable if defective brakes, cameras, alarms, hydraulic systems, mechanical arms, or other components contributed to the collision.

These cases may require:

• Vehicle inspections
• Maintenance and repair records
• Recall information
• Manufacturer service bulletins
• Expert analysis

The truck and the suspected defective component should be preserved whenever possible.

Contact A Lawyer After A Garbage Truck Accident In California

Evidence in garbage truck accident cases disappears fast. Every day you wait makes it harder to preserve the records, camera footage, and vehicle data your case depends on. Acting quickly is important. Strict deadlines exist for filing claims. If you miss them, your case could suffer.

Many people wonder: do lawyers only get paid if they win? Arash Law, also known as AK Law, handles personal injury cases on a contingency-fee basis, meaning clients pay no attorney fees unless they are awarded compensation. The fee is calculated as a percentage of the recovery, and case costs may apply in accordance with the written fee agreement. That means you can get experienced legal help right now, no matter your financial situation.

The following case results highlight our team’s experience and ability to handle truck accident cases.

• $5.5 Million: Our client suffered severe injuries in a rollover truck accident while acting within the scope of his employment. We secured a $5 million settlement to help compensate him for his injuries and related losses.
• $5 Million: Our client fell from a moving truck and suffered multiple injuries. Although we took on the case two years after the accident, we secured a $5 million recovery that helped provide the care and support he needed through an assisted living program.
• $5 Million: Our client was struck by a large truck while walking in a crosswalk and suffered a mild traumatic brain injury. Although the defense tried to place blame on our client, we secured a $5 million recovery on his behalf.

Disclaimer: The amounts listed above reflect the exact recoveries obtained in those cases. However, every case is different, and the outcome and value of a claim depend on its specific facts, injuries, evidence, available insurance, and other circumstances. Past results do not guarantee a similar outcome.

Reach out to schedule a free initial consultation at (888) 488-1391. Our trash truck accident lawyers can review your case, help protect key evidence, and explain your legal options.