Garbage Truck Accident Attorney: Crucial 90-Day Help
Why You Need a New York City Garbage Truck Accident Attorney After a Collision
A garbage truck accident attorney is a personal injury lawyer who handles claims involving sanitation vehicles, navigating the unique complexities of these cases. If you’ve been injured in a garbage truck accident in New York City, time is critical. You may have only 90 days to file a Notice of Claim if a NYC Department of Sanitation (DSNY) truck was involved. Liability can be complex, with multiple parties potentially responsible, including the driver, private companies, or municipal agencies. Claims against city trucks also require proving “reckless disregard” rather than simple negligence, a much higher legal standard.
Garbage truck accidents in New York City are uniquely devastating. These vehicles weigh between 20 and 32 tons and operate on congested streets, sharing limited space with pedestrians, cyclists, and cars. When a collision occurs, the results can be catastrophic. In fiscal year 2023 alone, 1,144 claims were filed for crashes involving DSNY vehicles, with the city paying out $75.4 million to settle 597 of them.
The impact from a massive garbage truck can change your life in an instant, leaving you with overwhelming medical bills, severe pain, and the inability to work. Meanwhile, insurance companies may pressure you to accept a low settlement. Whether you were a pedestrian, cyclist, or in another vehicle, understanding your rights is essential.
I’m Mark Segal, and I’ve spent decades representing New Yorkers injured in serious accidents, including those involving garbage trucks. As a garbage truck accident attorney, I steer the complex claims process against both private sanitation companies and municipal agencies, and I understand the unique challenges these cases present.
The Unique Dangers and Common Causes of Garbage Truck Accidents
Garbage trucks are essential to New York City, but their size and demanding routes make them particularly dangerous. The NYC Department of Sanitation (DSNY) operates over 2,200 trucks, and numerous private companies also run routes, often at night. This constant operation on dense urban streets contributes to a significant number of accidents. A 2021 DOT report revealed that commercial garbage trucks in NYC were responsible for at least 43 fatalities over the previous decade.
Why Garbage Trucks Are So Dangerous
What makes these essential vehicles such a significant hazard? It boils down to a combination of their physical characteristics and operational realities in New York City:
- Massive Size and Weight: Weighing 20 to 32 tons, garbage trucks require long stopping distances and can cause catastrophic damage, often crushing smaller vehicles or striking pedestrians and cyclists.
- Limited Visibility and Large Blind Spots: Their bulky design creates extensive blind spots on all sides, making it difficult for drivers to see smaller cars, cyclists, or pedestrians, especially when turning or backing up.
- Constant Stopping and Starting: The nature of garbage collection involves frequent, erratic stops in traffic, increasing the risk of rear-end collisions and accidents with pedestrians who don’t anticipate sudden maneuvers.
- Operation in Narrow Streets: Maneuvering a large truck through NYC’s notoriously narrow and congested streets requires extreme precision, and small misjudgments can lead to accidents.
- Early Morning and Late-Night Routes: Many private sanitation trucks operate when visibility is low and drivers may be fatigued, increasing the risk of a collision.
Common Causes of Collisions in New York City
Many collisions are preventable and stem from negligence. As a garbage truck accident attorney firm, we often see accidents caused by:
- Driver Error: Speeding, failing to yield, making improper turns, or following too closely.
- Distracted Driving: Using cell phones or other in-cab devices.
- Fatigued Drivers: The private carting industry is known for pressuring drivers to work dangerously long shifts (14-18 hours), leading to impaired judgment.
- Failure to Yield: Not checking blind spots or ignoring crosswalks can have devastating consequences for pedestrians and cyclists.
- Improper Backing: Backing up without a spotter or proper checks is a common cause of serious accidents due to limited rear visibility.
- Mechanical Failures: Poor maintenance can lead to faulty brakes, steering issues, or tire blowouts.
- Falling Debris: Improperly secured trash or equipment can fall from the truck and strike others on the road.
Who is Liable? Navigating Claims Against Private vs. Municipal Entities
After a garbage truck accident in New York City, determining who is liable is a primary challenge. It’s not always just the driver; the company they work for, the truck manufacturer, or a maintenance provider could also be at fault.
As your garbage truck accident attorney, our job is to identify every negligent party to maximize your compensation. The legal strategy depends entirely on whether the truck was operated by a private company or the NYC Department of Sanitation (DSNY), as these two types of claims follow completely different rules.
| Feature | Private Sanitation Company Claim | NYC Department of Sanitation (DSNY) Claim |
|---|---|---|
| Liability Standard | Ordinary Negligence (defendant failed to act reasonably) | “Reckless Disregard” (for workers actively collecting waste); Ordinary Negligence (otherwise) |
| Governing Body | Federal Motor Carrier Safety Administration (FMCSA) | Department of Transportation (DOT) & NYC regulations |
| Notice Deadline | Not applicable | 90 days to file a Notice of Claim |
| Lawsuit Deadline | 3 years from accident date | 1 year and 90 days from accident date |
| Key Procedures | Standard civil lawsuit procedures | Notice of Claim, 50-H Hearing, Freedom of Information Act (FOIA) requests |
| Typical Hours | Primarily night | Primarily day |
Suing a Private Sanitation Company
If a private company’s truck was involved, the case follows standard personal injury law. We must prove ordinary negligence—that the driver or company failed to act with reasonable care, causing your injuries. Private sanitation companies must follow Federal Motor Carrier Safety Administration (FMCSA) regulations. Violations of these rules, such as hiring a driver with a poor record or ignoring maintenance standards, serve as powerful evidence of negligence.
You have three years from the accident date to file a lawsuit against a private company. However, it’s crucial to act quickly, as evidence like security footage can disappear. The company itself can be held liable for negligent hiring, inadequate training, or forcing drivers to work dangerously long shifts.
Filing a Claim Against a NYC Municipal Agency (DSNY)
Suing the City of New York is far more complex. The rules are stricter, and the deadlines are much shorter.
Most importantly, you must file a formal Notice of Claim within 90 days of the accident. A Notice of Claim must be filed within 90 days. Missing this deadline will almost certainly prevent you from recovering any compensation. The statute of limitations to file a lawsuit is also shorter: just one year and 90 days from the incident.
In many DSNY cases, a higher liability standard of “reckless disregard” applies if the worker was actively collecting waste. This means proving the worker showed conscious indifference to safety, which is harder than proving simple negligence. You may also be required to attend a 50-H hearing, a formal questioning under oath by the City Comptroller’s Office. An attorney’s preparation is vital for this hearing.
How a NYC Garbage Truck Accident Attorney Secures Your Compensation
When you’ve been injured by a garbage truck in New York City, a dedicated garbage truck accident attorney is your advocate in the fight for fair compensation. We handle the legal burdens so you can focus on healing. Our firm prepares every case as if it will go to trial, a strategy that often leads to better settlements. You can learn more about our approach on our Truck Accidents page.
The Role of Your Garbage Truck Accident Attorney in Evidence Gathering
Evidence is the backbone of any successful personal injury claim. From the moment you hire us, we begin:
- Collecting Official Records: We gather police reports and your medical records to establish the facts of the accident and the extent of your injuries.
- Investigating the Truck and Driver: We obtain truck maintenance logs and the driver’s history, including their Driver Investigation History File (DIHF), to uncover patterns of negligence or skipped safety checks.
- Securing Digital Evidence: We act quickly to secure “black box” data from the truck’s Event Data Recorder (EDR), which records speed and braking, as well as surveillance footage from traffic or business cameras before it’s deleted.
- Interviewing Witnesses: Eyewitness testimony provides crucial perspectives, and we work to preserve their accounts for your case.
- Consulting with Analysts: For complex cases, we may hire accident reconstructionists to scientifically determine how the crash occurred. We may also work with economists to project future lost earnings and medical costs.
What Compensation Can You Recover?
A garbage truck accident can cause devastating financial and personal losses. As your garbage truck accident attorney, our goal is to recover full compensation for all of them. Damages fall into two main categories:
- Economic Damages: These are your measurable financial losses. This includes all current and future medical expenses (hospital stays, surgery, physical therapy, long-term care), lost wages from time off work, and compensation for lost earning capacity if you can no longer perform your job. It also covers property damage to your vehicle.
- Non-Economic Damages: These compensate for the non-monetary impact on your life. This includes pain and suffering, emotional distress (anxiety, PTSD), loss of enjoyment of life, and compensation for permanent disability or disfigurement. In fatal accidents, we help families file wrongful death claims.
Common injuries include traumatic brain injuries (TBI), spinal cord damage, amputations, multiple fractures, and internal organ damage. While every case is different, settlements can be substantial. In fiscal year 2023, the average DSNY claim settlement was $126,273, but severe cases yield much higher results. Our firm, for example, secured $2,030,000 for a victim of a truck collision. Other notable settlements include $3 million for a woman hit by a sanitation truck in a bike lane and $5 million for a family who lost a mother in a crash. You can review more of our results and data on DSNY vehicle crash settlements.
Handling Cases with Partial Fault
“What if I was partially at fault?” In New York, you can still recover compensation. New York follows a “pure comparative negligence” rule (NY CPLR § 1411). This means your total compensation is simply reduced by your percentage of fault. For example, if you are found 20% at fault for an accident with $100,000 in damages, you can still recover $80,000.
Insurance companies will try to shift as much blame as possible onto you to reduce their payout. A skilled garbage truck accident attorney will fight these claims by building a strong case that proves the other party’s liability and minimizes any fault assigned to you.
Frequently Asked Questions about Garbage Truck Accidents
After a garbage truck accident in New York City, you’re probably dealing with pain, confusion, and a flood of questions about what happens next. We’ve spent decades helping people just like you steer this difficult time, and we know what’s weighing on your mind. Here are the answers to the questions we hear most often from our clients.
What are the first steps I should take after a garbage truck accident in New York?
The moments and hours following a garbage truck accident can be chaotic, but the actions you take now can profoundly impact both your recovery and your legal rights.
- Ensure Safety and Call 911: Move to a safe location if possible and call 911. This brings medical help and creates an official police report.
- Seek Immediate Medical Attention: Get checked by a doctor even if you feel fine. Some serious injuries, like internal bleeding or brain trauma, have delayed symptoms. This also documents a link between the accident and your injuries.
- Document the Scene: If it’s safe, take photos and videos of the vehicles, your injuries, road conditions, and the surrounding area. Get contact information from any witnesses.
- Report the Accident: Cooperate with the police as required by New York Vehicle & Traffic Law Section 600. State the facts, but do not admit fault or apologize.
- Contact an Attorney Before Speaking to Insurers: Insurance adjusters aim to minimize payouts. Let your attorney handle all communications to protect your claim.
How is a case against a city-owned DSNY truck different from one against a private company?
This is one of the most critical distinctions in garbage truck accident cases. Claims against DSNY trucks are much more complex than those against private companies for two main reasons:
- Strict Deadlines: You have only 90 days to file a formal Notice of Claim with the NYC Comptroller’s Office. A Notice of Claim must be filed within 90 days. The deadline to file a lawsuit is also shorter—one year and 90 days. For private companies, you have three years to file a lawsuit.
- Higher Burden of Proof: If the DSNY worker was actively collecting trash, you may need to prove “reckless disregard” for safety, a much higher standard than the “ordinary negligence” standard used for private companies. The case also involves unique procedures like a 50-H hearing, where you are questioned under oath by the city.
How can a garbage truck accident attorney determine my case’s worth?
While there’s no exact formula, an attorney determines a case’s potential value by analyzing several key factors:
- The severity and permanence of your injuries.
- Total past and future medical expenses.
- Lost income and diminished future earning capacity.
- The impact on your quality of life (pain, suffering, emotional distress).
- The strength of the evidence proving the other party’s fault.
By combining these factors with experience from past Results in similar cases, we can develop a strategy to pursue the maximum compensation you deserve. For context, while the average DSNY settlement in FY 2023 was $126,273, serious injury cases can be worth millions. Our firm has secured settlements like $2,030,000 for a victim of a truck collision, and other multi-million dollar results have been achieved in these types of cases.
Why You Need a Dedicated NYC Attorney for Your Claim
Following a garbage truck accident in New York City, you face a daunting battle. You’re healing from injuries while medical bills pile up, all while facing insurance companies and potentially the City of New York—opponents with vast resources. You should not face this fight alone.
When you work with a dedicated garbage truck accident attorney from Segal & Lax, you gain an advocate who will stand between you and these powerful entities. With over 75 years of combined experience, we know how to fight effectively for injured New Yorkers.
The legal landscape is complex, with unforgiving deadlines like the 90-day Notice of Claim rule for city-owned trucks and federal regulations governing private companies. Insurance adjusters are trained to devalue your claim and pressure you into accepting a fraction of what you deserve.
We level the playing field. Our firm has the resources to conduct thorough investigations, secure critical evidence like black box data and surveillance footage, and demonstrate fault. We know how to properly value your case, including both your financial losses and the pain and suffering you’ve endured. We have a track record of securing substantial settlements, including a $2,030,000 settlement for a victim of a truck collision. You can see more of our Results to understand our commitment.
At Segal & Lax, we work on a “no win, no fee” contingency basis. You pay us nothing unless we recover compensation for you. This allows everyone access to quality legal representation. You’re not just a case number to us; we provide personalized attention and support throughout this difficult time. Learn more on our Why Hire Us page.
Don’t go up against the city or large insurance companies by yourself. While you focus on healing, we’ll handle the legal complexities and fight for the justice you deserve.
Contact our experienced attorneys today for a free consultation. We’re ready to listen and start fighting for you.