Common Garbage Truck Accident Scenarios

There are several circumstances in which a person might end up in an accident with a municipal waste truck. It could happen when a trash truck is driving through a neighborhood and hits a person or vehicle as it is picking up trash.

Garbage truck accidents are also likely to occur on the major highways leading to the local dumps. Those highways are typically Highway 121 and Highway 75. Highway 121 has constant waste truck traffic because the landfill for the North Texas Municipal Water District is located on Highway 121 outside of Melissa, Texas. Trash trucks run along that highway all the time, so there are many opportunities for people to be involved in wrecks at highway speeds.

In North Texas, most municipalities have outsourced the waste management to private companies. As a result, the driver of those vehicles and their companies face higher potential liability than city-owned vehicles would. A city-owned vehicle is subject to the tort claims limitations of recovery, and private companies are not.

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Requirements Under the Texas Tort Claims Act

Under the Texas Tort Claims Act, one can only recover damages in a vehicle accident case if the injury is caused by the operation or use of the motor vehicle. If the injury is not caused by the use or operation of that vehicle, then there could be no liability whatsoever. A fact-specific analysis has to be done.

For instance, if somebody is getting in or out of a vehicle and they fall, that injury is not caused by the use or operation of the vehicle. On the other hand, if the vehicle is rolling and a person gets thrown out of the vehicle, even if the concrete hurts them and not any part of the vehicle, that is considered part of the operation and use of a motor vehicle. The case law is very specific.

Injury Claims Against the Government

When garbage is collected by the city, the injury claim may or may not have to be filed against the government. The North Texas Municipal Water District is considered a branch of the government, so the Texas Tort Claims Act applies.

In those situations, specific notice has to be given within 180 days of the wreck or one loses the case. The notice has to include what happened, when it happened, and what damages occurred as a result of the accident. If a person thinks that if they may have an injury case against any entity such as a city or state government, they need to talk to the lawyer about the need for notice letters.

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Discuss Your Case with a McKinney Garbage Truck Accident Attorney

Due to their immense size and weight, trash trucks can cause devastating injuries in an accident. Thankfully, compensation may be available to help victims and their families recover. Contact a McKinney garbage truck accident lawyer to find out if litigation is right for you.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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