Can I Get Compensation If A Dallas Sanitation Truck Injures Me?

The Texas legal weight limit on a triple-axle sanitation truck is 42,000 pounds. Even compared to a large SUV that may weigh between 5,000 and 6,000 pounds, a vehicle is no match for a garbage truck, never mind a motorcyclist, cyclist or pedestrian. Even though garbage trucks frequently move slower than the speed limit as they move between collection spots, these vehicles are often involved in collisions due to the need to navigate in small spaces, often backing into traffic. Drivers may also engage in negligent driving behaviors that lead to an accident.

If a sanitation truck strikes your vehicle or person and causes injuries, it can cause significant physical harm. When the other driver or another responsible party is at fault, you may be eligible for compensation through the insurance company or in a lawsuit.

How Is Fault Determined in a Sanitation Truck Accident?

Whenever a commercial or government vehicle is involved in a collision, determining fault becomes a complex investigation and evaluation of the evidence. Liability can extend beyond those directly involved in the accident. However, potential at-fault parties depend on whether the city or a private entity owns the sanitation truck.

Proof of Fault

If you seek compensation for your injuries after a sanitation truck accident, you must be able to establish fault. The only exception is when you file a claim under your personal injury protection coverage. If you submit a claim to the other party’s insurance company or file a personal injury lawsuit, you need evidence to support your claim.

Fault in these cases depends on proving another party’s negligence caused or contributed to your injuries. You must show that the other party’s actions meet the following criteria to establish negligence:

• Duty of care: The truck driver or another responsible person or entity had a legal responsibility to take reasonable actions to ensure your safety. In traffic cases, every driver owes others a duty of care. In a sanitation vehicle collision, the duty of care may extend to other entities.
• Breach of duty: The other party failed to uphold the duty of care.
• Sustained injury: You sustained verifiable injuries warranting medical attention. If your injuries are insufficient to justify treatment, you may not be eligible for injury compensation.
• Injury causation: The other party’s negligent behavior was responsible for your injuries. You must be able to link your injuries to the accident and the accident’s cause. A sanitation truck accident may result from the negligence of more than one party.

If you don’t have the evidence to prove all four elements of negligence for any potentially liable parties, you won’t be able to obtain compensation for your injuries. An experienced sanitation accident lawyer investigates the facts to determine who to hold accountable.

City of Dallas Liability

The City of Dallas operates a municipal sanitation collection service. The city owns the trucks and employs the driver. The city’s Equipment and Fleet Management division handles all aspects of vehicle and equipment inspections, maintenance, repairs and modifications. In many instances, governments are exempt from liability for the actions of their employees. However, Texas’s Civil Practice and Remedies Code outlines when the state and municipal governments can be held liable.

According to the law, the City of Dallas would be liable for injuries arising from an employee’s wrongful act, omission or negligence when acting within the scope of the individual’s job. The damages must result from the operation of motorized vehicles or equipment, and the employee must be at fault in the accident.

This law means that the City of Dallas could be liable if the truck driver was responsible for the crash that caused your injuries. Additionally, if a mechanical failure or faulty equipment led to the accident, the city may also be liable if the fault or failure was due to negligence on the part of an employee in the Equipment and Fleet Management Division. Before seeking compensation, you need evidence to prove an employee of the city was at fault.

Private Entity Liability

If a private entity or individual owns the sanitation truck, the sanitation company may bear responsibility for your injuries. Texas’s Administrative Code for commercial vehicles stipulates that commercial motor vehicles weighing more than 26,000 pounds must adhere to the Federal Motor Carrier Safety Administration regulations.

The FMCSA places responsibility for the operational safety of CMVs on multiple parties. Depending on the facts in the case, the following individuals or entities may be liable when their negligent behaviors cause or contribute to the sanitation truck collision that caused your injuries:

• The driver
• The sanitation company
• Maintenance and repair companies
• Parts or truck manufacturers

For each potentially responsible party, you must provide proof demonstrating each of the four elements of negligence.

How Do Insurance Laws Impact Your Claim?

Texas and federal truck insurance laws potentially impact your claim. Texas is an at-fault care insurance state, meaning that the liable party’s insurance pays for damages. More than one party may bear responsibility. If you file an insurance claim with the other party, the provider often looks for ways to reduce or deny a settlement by placing more liability on you than you may deserve.

Though the state is an at-fault state, it also requires insurance companies to include personal injury protection on auto insurance policies. When drivers don’t want the coverage, they have to turn it down in writing. If you have PIP coverage, you can file a claim with your provider regardless of who is at fault. You may want to choose this route if your injuries are minor and do not exceed your coverage limits.

The FMCSA regulates insurance requirements for all commercial motor vehicles, regardless of who owns them. Liability coverage minimum limits depend on weight and cargo. A sanitation truck does not carry hazardous materials but weighs more than 10,000 pounds. The law requires truck owners to carry $750,000 in liability insurance or a surety bond.

How Does the State’s Modified Comparative Negligence Law Impact Your Claim?

Whether you file an insurance claim or a lawsuit, Texas’s modified comparative negligence rule impacts the outcome of your case. The insurance companies use the same measures to determine how much to offer in a settlement or if they can deny compensation entirely. The law incorporates your responsibility for the accident into your eligibility for compensation.

You would not receive the full settlement amount if your actions or omissions contributed to the sanitation truck collision. Instead, you recover a percentage equal to the other party’s degree of negligence. For example, if you are 20% at fault and the City of Dallas is 80% liable, you receive 80% of the settlement award. However, you forfeit your right to compensation if you are more than 50% at fault. The insurance company or defense attorneys will use their understanding of this law to reduce or lower their costs.

Can Fielding Law Help With Dallas Sanitation Truck Accident Cases?

Fielding attorneys are well-versed in the federal and state laws regulating commercial motor vehicles. They also have in-depth knowledge of how the sanitation industry operates. If you sustained injuries after a sanitation truck hits you, Fielding Law can assist you in determining your options and help you navigate your claim, whether you file an insurance or legal claim. You don’t have to go through this process alone. Contact our office today to schedule a free case review. We don’t charge any fees unless you win a settlement.