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Houston Garbage Truck Accidents

Were you or a loved one injured in a garbage truck accident in Houston? If so, The Doan Law Firm wants to help you demand the compensation you deserve. We have recovered hundreds of millions of dollars for our deserving clients and are ready to fight just as hard for you. Contact our Houston truck accident lawyer today to learn more about your legal rights and options in a free case review.

Dangers of Garbage Trucks

Garbage trucks have unique dangers. Some of the common causes of garbage truck accidents include:

  • Frequent stops – Garbage trucks make frequent stops. If they do not indicate their actions, unsuspecting motorists may crash into them.
  • Falling debris – Garbage can fall off of the truck and into the path of other motorists. This can be particularly dangerous when the truck is traveling at higher speeds and when the fallen items can hit other vehicles with greater force.
  • Blind spots – Garbage trucks have large blind spots in front, to the rear, and to the sides of them. If drivers do not frequently check these blind spots, they can crash into a nearby vehicle.
  • Distractions – Garbage truck drivers may be distracted by dispatch messages, cell phone alerts, conversations with others in the truck, and other things. When they are distracted, their reaction time is slowed, increasing the likelihood of a crash.
  • Fatigued driving – Driving a truck all day can be exhausting, leading to drivers making crucial mistakes because they are fatigued.

An experienced truck accident lawyer can investigate your case to determine the causes that contributed to your accident and who is responsible for it.

Garbage Truck Injury

Houston Garbage Truck Regulations

The Texas Commission on Environmental Quality regulates the transportation and disposal of hazardous waste and certain nonhazardous waste in Texas. There are special rules regarding:

  • Medical waste
  • Used oil and filters
  • Tires
  • Sludge waste

The Texas Department of State Health Services, U.S. Department of Transportation, and U.S. Environmental Protection Agency also regulate the transportation and disposal of waste.

Houston Garbage Truck Companies

The City of Houston Solid Waste Management Department is the main entity that provides trash services in the Houston area. Smaller companies such as Frontier Waste Solutions, Republic Services, Waste Management, Texas Pride Disposal, and Waste Connections offer trash pickup and disposal services for residential and commercial customers.

Filing a Claim After a Houston Garbage Truck Accident

If you are filing a claim against the city of Houston because one of its trucks or employees was involved in the accident, you should be aware of the notice requirements required by federal law:

Notice, Tex. Civ. Prac. & Rem. Code § 101.101.

  1. A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:(1) the damage or injury claimed;(2) the time and place of the incident; and(3) the incident.

If you don’t provide this notice to the city within six months of the date of the accident, you could be barred from recovering compensation for your injuries.

Garbage Truck Accident Liability

Determining liability after a Houston garbage truck accident can be incredibly challenging. First, there may be a different route toward securing compensation depending on whether or not the truck in question was part of a municipal agency or a private company. Even though most Houston residents have their garbage collected by the city, there are several private residential and commercial garbage collection companies that operate throughout this region of Texas.

Incidents involving municipal entities in Houston and the surrounding areas present challenges because of who will face the lawsuit. Under state law, filing a claim against a government entity involves much shorter filing timelines than traditional personal injury claims. Notably, these claims must be filed within 180 days after the incident occurs.

Injury claims against non-governmental entities must be filed within two years from the date the incident occurs, or the case will likely be dismissed.

Compensation After a Garbage Truck Accident in Houston

A successful claim after a garbage truck accident in Houston may help victims recover compensation for a range of losses they incur. This includes compensation for, but is not limited to, the following:

  • Coverage of any medical bills related to the incident
  • Compensation for lost wages and loss of future earning potential
  • Property damage expenses
  • Out-of-pocket expenses are rising due to the incident
  • Pain and suffering damages

There are no monetary limitations for how much compensation A victim can receive if their claim is successful. However, insurance policy limitations often place an upper limit on what individuals are able to receive, but additional compensation may be available through a direct lawsuit against an alleged negligent party.

In Texas, there is a limitation to how much compensation a person can receive for claims against a government entity. The Texas Tort Claims Act limits these claims to $250,000 per person or 500,000 per occurrence for bodily injury against a state or city government, but only $100,000 per person and $300,000 per incident for claims against any other level of government. The Act also places a limitation of $100,000 per occurrence for property damage.

Contact an Experienced Houston Garbage Truck Accident Lawyer

If you were injured in a Houston garbage truck accident, reach out to an experienced lawyer for help. The Doan Law Firm has offices in over 14 Texas cities, including Houston. Our founding attorney and top litigator are involved in all Houston cases our firm takes on. Contact us today for a free case review where we can discuss how we can help you demand the compensation you deserve.

 

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