If you or a family member was seriously injured by a negligent dump-truck driver, then you may need the legal help of an experienced attorney. A Charleston garbage truck accident lawyer could see that your medical and financial needs are compensated for by the driver, municipality, or company responsible for your harm. Do not wait, reach out today to start your claim against wrongdoers involved in your wreck.
Collisions with Charleston Municipal Waste Trucks
In Charleston and South Carolina, most of the waste companies (including private companies) are contracted with the city, county, or state. Sometimes, an accident with a municipal waste truck case is challenging because of the amount of insurance coverage available to recover. When a private entity collects garbage, their policy limits are available through their insurance company. When there is an accident with a government nexus, the Tort Claims Act for South Carolina puts a $300,000 cap on the damages.
A garbage truck could be a rear-end collision, a side-impact collision, or an accident with a pedestrian or bicycle that is not a vehicle accident and occurs on the road. In that sense, they are similar to any other accident. However, the insurance coverage issue may be complicated and needs to be evaluated and identified early on in the case.
Results of Wrecks with Garbage Trucks in Charleston
Garbage trucks are like other vehicles on the road when they are involved in accidents. Driver inattention is not mitigated by the type of vehicle someone operates. Accidents include rear-end collisions, side-impact collisions, as well as disregarding traffic signs and traffic lights.
Many times, the truck makes an untimely stop without giving adequate warning that could lead to a vehicle following the truck to hit the rear-end of the truck. Even though that driver has a duty to keep a proper lookout for their vehicle and anticipate hazards, an accident is hard to avoid when a truck abruptly stops without any warning. Sometimes garbage trucks contribute to an accident in that way.
A garbage truck could hit a pedestrian in a neighborhood. Perhaps the truck driver was not driving at a safe speed and keeping a proper lookout and hit a child when they ran out into the road chasing a ball. Garbage truck accidents come in all shapes and sizes and are similar to other vehicle accidents. However, some accidents are unique and specific to the garbage truck which is why victims should consider working with a Charleston garbage truck accident lawyer.
Charleston Roads with a High Frequency of Wrecks
Because a garbage truck spends so much time in neighborhoods, it is not uncommon to see them involved in accidents on a residential street. A garbage truck also drives on primary and secondary roads, highways, and interstates to get to the dumpsite, so a garbage truck accident with injuries could happen anywhere.
Filing a Garbage Truck Injury Claim Against the Government
When garbage is collected by the city, an injury claim must be filed against the government. If the garbage service is owned by the city or there is a government relationship with the state, city, municipality, or county, the action is a Tort Claims Act case. It is filed against the government entity itself. When there is a connection between the private company and the government, the case may be filed against the company and the government. However, it is potentially subject to the caps under South Carolina’s Tort Claims Act.
Although a case looks like there may be an immunity cap pursuing the government, it is not wise to assume that. That is another good reason why someone should contact an experienced injury lawyer to help them determine the type of case they have and the available insurance coverage. The lawyer employs all strategies to make sure the maximum amount of insurance available is pursued appropriately.
How Mechanical Failure Changes the Nature of a Claim
Sometimes, the maintenance done on the truck is outsourced to a private company that is not part of the government. Potentially, the private company could be a defendant based on whether something was negligently done to maintain the vehicle. The entity that has the duty to maintain the vehicle could be the city, county, or state. Often, a municipality has in house mechanics who are part of the garbage collecting service that maintains trucks. Sometimes, maintenance is outsourced to private vendors. If the vendor does something wrong or did not fix something properly and caused an accident, there may be an opportunity to add more defendants to the case and have more insurance coverage available to the injured party with the help of a Charleston garbage truck accident lawyer.
Speak to an Attorney for Help
The injuries sustained in truck accidents are often serious and life-changing. When these unfortunate events happen, they often leave victims little in the way of healing and peace of mind. Fortunately, the law provides a means for you to recover for the injuries you or a loved one sustained because of a negligent driver, company, or municipality. A Charleston garbage truck accident lawyer could represent your interests in court or through negotiations and work to recover the financial compensation you need. Reach out to an attorney today.