Ylla | Gosney advocates on behalf of injured garbage truck accident victims and their families in Oklahoma City. These accidents can happen in an instant because garbage truck drivers are often in a rush, and working around countless drivers, bicyclists, and pedestrians. More and more large trucks are causing fatalities every year in Oklahoma City, according to the National Highway Traffic Safety Administration. Garbage truck accidents are not only physically harmful but mentally traumatic, affecting victims’ families, the companies that employ them, and their surrounding communities.
So, if your life has been altered in any way due to the careless actions of a garbage truck driver, then we can help you fully recover financial compensation from the responsible party. Whether your case requires an in-depth investigation or you need to recover compensation fast, we can help.
Contact Ylla | Gosney today for a no-cost, no-obligation consultation and see what legal options are available for your situation.
When to Contact a Garbage Truck Accident Lawyer
If you’ve been injured in a garbage truck accident, you’ve most likely suffered serious injuries and will need a Truck Accident Lawyer to recover fair compensation. But in some cases, an attorney isn’t necessary. For example, if you only sustained minor scrapes and bruises in the accident, then you may not need a lawyer to recover damages. However, in most garbage truck accidents, injuries are quite severe and life-altering.
We recommend consulting with an attorney at Ylla | Gosney if the following scenarios occurred during your garbage truck accident:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Ylla | Gosney can ensure both.
- Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the truck accident, but are not at fault, our attorneys can protect you and assign liability to the at-fault parties. Ylla | Gosney can also minimize liability if you are found at fault.
- Liability: If you’re concerned about your liability limits, insurance status, or lack of insurance, Ylla | Gosney can help you, even in difficult situations.
- Multiple parties involved: Multiple parties make cases complex. Ylla | Gosney can manage the legalities with multiple parties, and your best interests are protected against everyone involved.
- False police report: If a police report places blame on you, and you disagree, we will gather evidence to support your claim.
Why Garbage Truck Accidents Happen in Oklahoma City
Oklahoma City’s Solid Waste Management Division serves over 220,000 single-family households with weekly curbside collection. This means garbage trucks are a constant presence on residential streets where people are walking their dogs, kids are getting ready for school, and drivers are heading off to work. So, the risk of an accident is significant, especially on densely packed neighborhood streets like Edgemere Park, Mesta Park, and Capitol Hill.
The most common reasons these garbage trucks cause accidents on the streets of Oklahoma City include:
- Frequent stops and unpredictable movement: Garbage trucks make dozens of stops per route, often in residential neighborhoods. Sudden stops, pulling back into traffic, and reversing into driveways catch other drivers off guard.
- Backing up without proper checks: Driver error, such as backing up without checking behind the truck, and warning alarms not going off when the truck is in reverse, are among the most common causes of garbage truck accidents.
- Size and blind spots: Garbage trucks are large, heavy vehicles with significant blind spots on all sides. Cyclists, pedestrians, and smaller vehicles can easily go unseen, especially during tight turns in neighborhood streets.
- Falling debris: Improperly secured trash or debris can fall from the truck onto the roadway, causing other drivers to swerve or lose control.
- Impaired or reckless driving: Negligence on the part of the driver, such as failing to check mirrors before backing up or driving under the influence of drugs or alcohol, is a key factor in many garbage truck accidents.
Common At-Fault Parties for Garbage Truck Accidents in OKC
Liability for a garbage truck accident can fall to multiple parties simultaneously, depending on the details of your accident. Common liable parties for a garbage truck accident in OKC include:
- The driver: The driver is often the first party examined. Negligence on the part of the driver, such as failing to check mirrors before backing up or driving under the influence of drugs or alcohol, can make them directly liable.
- The Sanitation or Waste Management Company: Employers are responsible for the damage caused by their employees, according to Oklahoma’s Respondeat Superior Law. This applies regardless of whether the garbage truck is operated by a private company or a city contractor. Waste management companies in OKC include:
- Waste Connections of Oklahoma City
- America Waste Control
- Roadrunner Waste Services
- Haulla
- Bin There Dump That
- The city of government agency: If the truck is operated by a municipal sanitation department, the City of Oklahoma City itself could potentially be liable. The local government may also be held liable if the accident was caused by road hazards from poor maintenance, damaged traffic signs, or a poorly organized construction zone. Claims against government entities come with special procedures and stricter deadlines, so acting quickly is especially important.
- Garbage truck maintenance company: If the truck is not properly maintained, for example, if a routine brake inspection was not performed, responsibility may fall on the company that owns or maintains the truck.
Suing the Government in Oklahoma City
You can sue the government if one of its employees causes your physical harm or property damage. However, since mail delivery drivers are employed by the government, they are afforded certain protections and immunities.
Filing a lawsuit against the local government is not like filing a claim against Amazon, UPS, or FedEx. Those delivery trucks are owned by a company or an individual with insurance policies. Government trucks are considered government property. Government employees, like some garbage truck drivers, have sovereign immunity to protect them from injury claims. However, it is not impossible to sue the government for compensation.
To file a claim against Oklahoma state agencies or employees, you will need to fill out Standard Form 95 (SF-95), which can be downloaded at GSA.gov.
Government Sovereign Immunity in a Personal Injury Claim
Filing a claim against a government entity can be challenging because of certain regulations, but it is possible to recover damages. One major difference from typical claims is that an injured victim only has 6 months to file a claim against a government agency, as opposed to 2 years for a non-government claim.
A government entity also has more ways to deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The Oklahoma Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness or corruption.
Average Settlement Value for a Garbage Truck Accident
When it comes to your garbage truck accident settlement, the details of your case matter. For example, if you only sustained minor injuries from the crash or you were partially liable for the incident, your settlement could result in a lower amount. Basically, the more damage you’ve sustained, the more your case will generally be worth. But every situation is different, which is why we recommend consulting with one of our Truck Accident Attorneys at Ylla | Gosney.
There are three damages you can claim after a mail truck accident injury that will have a substantial impact on the amount of compensation you can receive. These include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact a Garbage Truck Accident Lawyer in Oklahoma City
If you or a loved one has suffered injuries due to the carelessness of a garbage truck driver in Oklahoma City, Ylla | Gosney can help you obtain the compensation you need to get your life back. We understand that this is your one chance at receiving fair compensation, which is why we will exercise every legal avenue to help you fully recover your physical and financial damages.
Don’t wait until it’s too late to take legal action after your garbage truck accident. Contact Ylla | Gosney today for a free consultation and case evaluation. There are no upfront fees for our services, and you don’t pay a dime until your case is won.