McKinney Garbage Truck Accident Lawyer
Accidents with garbage trucks tend to result in significant property damage to the vehicle. Some cars may be absolutely crushed in a collision with a trash collecting vehicle. Furthermore, the injuries tend to be catastrophic due to the weight of these vehicles.
If you were involved in a garbage truck accident, you could benefit from the services of a McKinney lawyer. With an experienced attorney by your side, you could hold the at-fault party accountable for your injuries. You may also be entitled to compensation. Contact a lawyer today to discuss your case.
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.
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.
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.