Despite the fact that garbage trucks are known for driving slowly and operating locally, they can also cause serious accidents. In fact, there are a number of garbage truck accidents and fatalities each year in North Port, Florida.
Being involved in an auto accident of any kind can be life-altering, especially if you were injured and it wasn’t your fault. You could be suffering from physical injuries, emotional distress, and even property damage. In a case such as this, it’s important to know your rights, as well as whether you’re entitled to any kind of compensation.
So, whether you were a pedestrian or a driver involved in an accident involving a commercial waste vehicle, you should get in touch with an experienced garbage truck accident lawyer immediately. Here at The Law Place, we can help you to achieve the best possible result for your case and discuss whether you might be entitled to any compensation. Schedule a no-obligation, free consultation with one of our personal injury lawyers today. Our phone lines are open 24/7, so call us now on (941) 444-4444.
Garbage Truck Accidents in North Port, Florida.
Garbage trucks usually only drive locally, along a set route. Drivers are also trained to higher standards and often need special commercial licenses to operate waste-carrying vehicles.
However, this does not mean that they are exempt from accidents. In fact, collisions involving garbage trucks can be particularly serious as they operate in local neighborhoods, where not only drivers but also pedestrians could get hit.
A garbage truck accident could involve:
- A parked car.
- The driver of a moving vehicle.
- The passenger of a moving vehicle.
- Pedestrians.
- Cyclists.
What Are the Main Causes of Garbage Truck Accidents in North Port?
According to the Department of Transportation’s Federal Motor Carrier Safety Administration, there are several leading causes of accidents involving garbage truck drivers:
- Impaired driving – The operator of the waste disposal vehicle may have been intoxicated or impaired by alcohol or drugs, resulting in a collision with pedestrians or other drivers.
- Distracted driving – A garbage truck driver could suffer a lapse in concentration due to factors such as listening to the radio, momentary distractions, or poor sleep, particularly if they’ve spent too much time on the road.
- Violating traffic laws – An accident could occur due to a violation of traffic laws, such as the driver checking their mobile phone or running a stop sign.
- Blind spots – Many dump trucks and garbage trucks do not have reverse cameras installed and therefore have large blind spots. So, if a car or pedestrian sits within this area, it is unlikely that they will be seen by the driver, which often leads to serious car accidents.
- Vehicle malfunctions – Failing hydraulic systems, issues with brakes or tires, or other vehicle mechanism malfunctions could result in the truck driver losing control and causing an accident.
- Other drivers failing to adhere to the ‘move over act’ – The law requires motorists to move over or slow down for emergency vehicles and commercial vehicles such as garbage trucks that are stopped at the side of the road. Failure to comply with this rule may cause an accident if a garbage truck driver attempts to pull out and you have not moved into the appropriate lane or reduced your speed.
Compensation for Personal Injury From a Garbage Truck Incident
If you’ve been injured by a garbage truck driver and it wasn’t your fault, you could be entitled to compensation. Through the help of an experienced law firm, accident victims could receive payment for damages including:
- Medical bills and expenses for any injuries.
- Pain and suffering.
- Loss of potential earnings.
- Any damage to property, including your vehicle.
Personal Injury Protection (PIP) for Truck Accidents
As laid out in Florida Statute 627.7407, Florida is a no-fault state. This means that all drivers need to have personal injury protection (PIP) and file a claim within 14 days to receive up to:
- 80% of medical expenses.
- 60% of lost wages caused by the accident.
- $5,000 in benefits in the case of a death.
However, it will be up to your insurance company to decide how much you will receive in terms of medical benefits. If they decide that your injury was not serious enough, you could only receive 25% of medical expenses.
Florida insurance companies recognize serious injuries as causing:
- Substantial risk of death.
- Serious disfigurement.
- Impairment of function to any body part or organ.
Of course, it is possible to contest your insurance company’s decision and the amount awarded because of your car accident involving a garbage truck. However, you’ll need the help of an experienced truck accident attorney to have the best chance of receiving a fair amount of compensation.
Who Can Be Held Liable for a Garbage Truck Accident?
- Garbage truck drivers – If the accident was the fault of the driver, they could be held liable for damages.
- The employer – The commercial truck driver’s employee could be liable for an accident, for example, if they required their driver to drive without legally required breaks, provided improper training, or hired an unqualified driver.
- The truck manufacturer – If a garbage truck accident was the result of a faulty vehicle or failing mechanics, the vehicle or part manufacturer of the garbage truck could be at fault.
- The injured party – In many cases, accidents involving garbage trucks are not caused by the truck drivers themselves. In some cases, victims who become injured in a garbage truck accident could share some of the blame. In this case, the injured party could be held liable for some damages. To avoid this happening to you, get in touch with The Law Place today.
What to Do if You’re Involved in a Garbage Truck Accident
If you’ve been involved in a waste vehicle truck accident, you should always make sure to:
- Receive medical attention for any injuries – If you make a personal injury claim, you’ll need to have a record of any injuries that occurred as a result of the accident. If your case is brought to trial, insurance companies and juries could argue that the injuries you sustained were not particularly serious if you did not need to be seen by a medical professional.
- Document and record – You’ll need to make sure to keep a thorough record of any damage or injuries caused by the accident to provide evidence to your insurance company, your personal injury attorney, and a court of law. Remember, it can sometimes take months or years for personal injury cases to be brought to trial, and injuries heal over time. So, make sure you keep a thorough record. Take as many photographs as possible and write a detailed note of what happened before, during, and after the incident.
- Note the driver’s name, vehicle registration, and vehicle DOT number – Make sure you have collected the Department of Transport (DOT) number of the garbage truck involved in the accident. Many commercial vehicles have an event data recorder (EDR), which records things like vehicle speed, seatbelt usage, and hours on the road. This information could be crucial to proving that the garbage truck operator was at fault for a crash.
- Contact a vehicle accident attorney immediately – It’s important that you get in contact with a lawyer to discuss your garbage truck accident as soon as possible. You should only speak with your attorney regarding the incident and should avoid giving information to the commercial vehicle company, their insurance provider, or their claims adjuster without first receiving legal advice.
How Can a Garbage Truck Accident Attorney Help Me?
There are many cases in which a pay-out from your insurance company may not cover your medical bills or lost wages. In this case, you can work with a law firm that specializes in waste vehicle accidents to file a personal injury lawsuit.
Should you choose to file a lawsuit, lawyers can help you with:
- Negotiation – Your lawsuit could be settled out of court through negotiations between your lawyer and the insurance companies involved.
- Legal advice – It’s up to you whether you decide to take your personal injury lawsuit to court or accept an offer during the negotiation phase. Your lawyer will help you to decide this, as they’ll likely know whether you could be entitled to a higher level of compensation by bringing your case before a jury.
- Taking your case to court – Should you choose to take your case to a court of law, your attorney will present your case evidence, communicate with the jury, and question any witnesses if applicable.
Personal injury laws in North Port and the State of Florida are too complex to navigate on your own. That’s why it’s important to receive legal help and advice to achieve the best possible outcome for your case.
Garbage Truck Accident Lawyer in North Port
Meet the Team
David Haenel leads our sanitation-truck litigation group. He studies how municipal immunity rules intersect with private waste-hauling contracts so no defendant hides behind paperwork. Darren Finebloom turns route logs, hopper-cycle data, and rear-camera video into clear jury stories. AnneMarie Rizzo works with reconstruction engineers to document crush zones and brake-system pressures the same day you call. Paralegals Rose and Tracy open claims immediately, schedule doctor visits, and send evening updates so every client knows the next step.
Reviews & Testimonials
“A trash truck backed over my parked car. David uncovered a private subcontractor and recovered every insurance dollar.”
“They treated my fractured hip case like family business. Darren proved the driver skipped pre-trip brake checks and the company paid full limits.”
“After a side-loader clipped my bike they guided me through surgery rehab and lost-wage claims until everything was settled.”
Case Studies
Early-Morning Back-Over in Wellen Park
A rear-loader reversed into a sedan at 6 a.m. Back-up alarms were inoperable. Maintenance logs confirmed repeated warnings. Settlement reached for eight hundred eighty-five thousand dollars and the fleet added strobe alarms and rear cameras.
Intersection Collision on US 41
A front-loader ran a red light while hurrying to the landfill. Event-data recorder logs showed the vehicle braking late from forty-five miles per hour. The county’s contractor tendered one million one hundred thousand dollars and retrained drivers on signal compliance.
Falling Debris on Toledo Blade Boulevard
Loose trash fell from an overloaded hopper and struck a motorcyclist. Drone images matched debris type to the route manifest. Recovery of seven hundred fifty thousand dollars funded surgeries and forced the hauler to install tarps over open tops.
Comprehensive FAQ
What makes garbage-truck crashes different from other commercial collisions?
Sanitation trucks operate on residential streets at dawn with limited visibility. They stop frequently, reverse often, and lift heavy bins that can obstruct mirrors. Their high ground clearance causes underride risks, and hydraulic arms add strike hazards. Weight can reach sixty-four thousand pounds, so low-speed impacts still cause serious injuries.
Who owns the garbage truck that hit me?
Ownership may rest with the city of North Port, Sarasota County, or a private waste-hauling contractor. Many municipalities outsource collection to firms like Waste Management or Waste Pro. Contract language defines who maintains the trucks and carries insurance. Identifying the correct owner is the first step in finding all available coverage.
Can I sue the city if a municipal truck caused the crash?
Yes. Florida Statute 768.28 waives sovereign immunity up to two hundred thousand dollars per person and three hundred thousand dollars per incident. Claims must be mailed to the Department of Financial Services and the agency within three years. If the contractor owned the truck there is no cap, and standard commercial-liability limits apply.
What insurance limits do private haulers carry?
Most carry at least one million dollars in commercial auto liability and often buy umbrella policies worth two to five million dollars. Some self-insured retention layers apply before excess policies. A lawyer stacks these layers to reach full compensation for catastrophic injuries.
What regulations govern garbage trucks in Florida?
State law requires audible back-up alarms, operational lighting, and coverings on open loads. Federal Motor Carrier Safety Regulations apply when trucks travel interstate or exceed certain weight thresholds. OSHA rules cover worker safety but also show industry standards that help prove negligence in civil court.
Why do garbage-truck accidents happen so early in the morning?
Routes start at dawn to beat traffic and landfill closing times. Early darkness reduces visibility, and sleeping residents may leave cars in curb lanes, shrinking maneuver space. Fatigue and rushing to finish a route before disposal sites close add risk.
How quickly must evidence be preserved?
Hopper-cycle counters and hydraulic-pressure logs overwrite after seventy-two hours. Side and rear cameras may loop every forty-eight hours. Send a preservation letter within forty-eight hours to lock route sheets, GPS breadcrumbs, brake-inspection reports, and camera video. Delay risks losing proof of reversing maneuvers or signal violations.
What immediate steps should I take after a garbage-truck crash?
Call 911, request medical care, and note the truck’s collection company, unit number, and license plate. Photograph bin arms, debris, skid marks, and any blocked mirrors. Collect witness contacts, especially sanitation crew members. Contact a lawyer quickly so preservation letters secure electronic data.
How does modified comparative negligence affect my recovery?
You can collect damages if your fault is below fifty percent. Haulers may claim you drove too fast down a residential street or parked illegally. Reconstruction engineers measure skid marks and lane positions to counter these claims and protect your compensation.
What damages can I recover?
Florida allows recovery for medical bills, future care, lost wages, reduced earning power, property damage, pain, suffering, and emotional distress. Catastrophic injuries justify life-care plans covering attendant care, home modifications, and mobility devices. Families of deceased victims may seek funeral costs and future support under the Wrongful Death Act.
Are punitive damages possible in garbage-truck cases?
Punitive damages punish reckless conduct such as disabling back-up alarms, ignoring brake warnings, or overloading hoppers. Courts require clear and convincing proof of gross negligence. Maintenance logs, prior citations, and crew complaints provide the needed evidence.
How do route sheets and GPS logs help my case?
Route sheets show scheduled stops and time windows. GPS logs track speed, braking, and idle times. Comparing them reveals speeding between stops or skipped safety checks. Objective electronic data convinces insurers faster than witness estimates.
What if loose debris caused my crash?
Florida law requires loads be secured and covered. If trash fell from the hopper the carrier violated the statute, creating negligence per se. Photographs of debris, matching waste type to the route manifest, and whistleblower testimony can secure liability.
How long do I have to file against a private hauler?
The personal-injury statute of limitations in Florida is two years. If a city or county truck is involved you must send pre-suit notice within three years, then wait six months before filing. Early legal action preserves camera footage and meets these deadlines.
Will health insurance cover treatment while my case is pending?
Health insurers usually pay first, then assert liens against any settlement. Your lawyer negotiates lien reductions once recovery is obtained. Personal Injury Protection covers up to ten thousand dollars regardless of fault, and many waste haulers carry medical-payments coverage that offsets deductibles.
How long does a garbage-truck case take?
Clear-liability crashes with completed treatment may settle in eight to ten months. Cases involving sovereign-immunity caps, disputed liability, or severe injuries can stretch to fifteen or eighteen months. Depositions and trial dates usually push carriers or municipalities to negotiate seriously.
What expert witnesses strengthen a garbage-truck claim?
Accident-reconstruction engineers calculate speed and blind-spot angles. Hydraulic experts describe arm cycles and brake pressure. Human-factors specialists explain crew communication failures. Economists project lifetime wage loss, and life-care planners price future medical needs. Expert testimony turns technical data into language jurors grasp.
Does filing a claim raise my auto premiums?
Using the at-fault carrier’s liability coverage typically does not affect your rates. Your insurer may adjust premiums only if you claim collision benefits or are found mainly at fault. Successful recovery that reimburses your insurer helps keep premiums stable.
Free Consultation With a Garbage Truck Accidents Lawyer in North Port
Dealing with the legal process following an accident or injury can be intimidating. It can be difficult to know where to turn for support and legal help. However, if you’ve been involved in a garbage truck accident or truck collision, don’t suffer in silence. With the help of an injury and accidents lawyer serving North Port, Florida, you could be entitled to valuable compensation for your injuries, damages, and lost earnings.
Here at The Law Place, our team of experienced lawyers has over 75 years of cumulative experience. Our law firm is committed to helping people all over the State of Florida with dedication and attention to detail to achieve the compensation we know our clients deserve.
So, if you’ve been involved in a garbage truck or commercial vehicle accident in Florida, schedule a free consultation with a garbage truck accident lawyer near you. Call The Law Place today on (941) 444-4444. Phone lines are open 24/7.
