South Florida Injury Lawyer Blog
Garbage truck accidents are surprisingly common in Florida. Trash trucks stop frequently, are often out very early when it is still dark, and sometimes weave to each side of the road to collect trash. Accidents can be caused by driver error on the part of the truck driver or by error due to drivers around the truck.
Trash truck drivers can make the same kinds of mistakes as any other driver, but due to the size and weight of the garbage truck, they can cause much more damage than smaller vehicles. A truck is also not as responsive as a car, taking longer to accelerate and much longer to stop. Some of the most common trash truck accidents involve a truck not stopping in time and plowing into cars in front of it or driving through a stop light or stop sign.
Trucks have been known to tip over while making a turn or on tight off-ramps and on-ramps. When they are involved in accidents, they can spill trash on the road, causing a hazardous situation for other drivers. Trash truck drivers, like many truck drivers, drive for long hours and may be impaired by sleepiness. Sometimes alcohol and substance abuse can be the cause of truck driver error.
Move Over Law
Other accidents are caused when cars try to pass stopped garbage trucks. Drivers must be cautious when passing a trash truck and they must follow Florida Move Over law. The Move Over law requires that when an emergency vehicle, road maintenance vehicle, or sanitation vehicle is stopped on the roadside in the performance of its duty and is displaying appropriate hazard lights, or when there is a disabled car with hazards on or someone is visible, other drivers on the road shall, as soon as it is safe:
vacate the lane closest to the emergency vehicle, sanitation vehicle… or disabled motor vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle…or disabled motor vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall…slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
Truck accidents and what you can do
Some possible causes of garbage truck-related accidents may include:
- Garbage truck fails to stop soon enough
- Garbage truck makes an erratic, unexpected move on the road, such as stopping to collect trash with insufficient warning, veering into the other lane to collect trash across the street, or turning too wide and crossing into the other lane
- Garbage truck’s tail lights are not functioning properly, are too dim for conditions, or are covered by dirt or debris, thus not providing sufficient signal to drivers behind
- Garbage truck leaves trash on the road, creating a hazard
- Another driver passes a garbage truck, crossing into your lane, or another driver must swerve to avoid trash left by the trash truck
These are just a few of the possible causes of trash truck-related accidents. If you have been injured in an accident involving a trash truck, seek immediate medical attention and begin collecting evidence. If you are able, or if someone else can do it for you, try to take some pictures at the scene of the accident before the vehicles are moved or debris is cleaned up. Collect statements from witnesses. This is powerful information to use later if you need to seek compensation.
Reach out to an experienced personal injury attorney as soon as you can to make sure you or your loved ones are collecting all the necessary evidence and documentation. As a native of Florida, I am dedicated to helping injured Floridians receive the compensation they deserve. I believe in fighting for the rights of the little guy against big business and insurance companies that have the financial resources to squash your efforts to recover damages due to their negligence or faulty products.
Garbage trucks are sometimes associated with private companies and sometimes contracted with municipalities; therefore, you need to know which entity is the proper one to sue. If another vehicle is involved, for instance, someone who crossed the yellow line into your lane to pass a garbage truck, we would address our suit against that driver’s insurance company. However, I would also look closely at the garbage truck to see if anything they did may have caused the other driver to act negligently. In such a case, we could also sue the trash company and/or municipality. As an experienced personal injury lawyer, I do a deep dive into the accident data to find every negligent party in order to hold them accountable.
If you believe you are at least partly at fault for an accident, you still may be able to receive compensation because Florida is a modified comparative negligence state. This means that, in a lawsuit, fault is distributed between parties and any party who is less than 50% responsible for the incident can seek compensation. For instance, if a jury determined that you were 30% responsible for an accident, you would still receive 70% of the award.
For all these reasons and more, don’t delay in reaching out so we can begin investigating your case right away. Contact me at (954) 448-7288, 24/7 for a free consultation to see how I can help you.