Garbage Truck Accident Lawyer

With their considerable size and frequent stops, garbage trucks pose a unique danger to motorists and pedestrians, often resulting in severe injuries or even fatalities. Survivors of such accidents may endure prolonged recovery, intense suffering, costly rehabilitation, and financial strain from mounting bills while unable to work.

If you or a loved one has suffered injuries or a loss in an Indiana garbage truck accident caused by another party, you may be eligible for compensation. However, navigating these cases is complicated, as local governments often own or operate these services, and government employees are typically immune from civil lawsuits under Indiana state law.

During this challenging time, seek assistance from Stephenson Rife, LLP, Indiana garbage truck lawyers in Indianapolis. Our experienced truck accident attorneys understand the complexities involving laws, municipalities, and multiple parties and insurers in garbage truck incidents. We are committed to building a robust case to enhance your chances of securing a favorable verdict or settlement.

Why Choose Stephenson Rife to Fight for You?

There are many attorneys out there, and it’s important for you to find one you can trust to get the results you need. Here are some reasons why we think you should choose Stephenson Rife to represent you:

• We are experienced. We have been meeting the needs of people throughout Indiana since 1976. Mike Stephenson has 40 years of experience handling injuries and is a trusted advisor to many individuals and companies.
• We get results and win large settlements, such as the $48.5 million we won in a truck accident case. We have a strong record of success for a wide range of personal injury cases. You can read our clients’ testimonials and about their cases.
• We handle all required legal requirements, forms, paperwork, and court appearances.
• We are recognized for our expertise. We are the law firm that other law firms consult for guidance and support.
• We offer free initial consultations to get you started.
• We can provide cost-effective legal services to keep fees low, and you pay us nothing unless we win and you get your money.
• We negotiate with insurance companies, so you won’t have to.

How Our Garbage Truck Accident Attorney Works for You

It’s vital to begin investigations quickly after a garbage truck accident, while evidence can be found and preserved. When you have Stephenson Rife on your side, we will get to work for you immediately. We will:

• Meet with you, listen to your version of what happened, and determine if you have a valid case and what kind of settlement we should be fighting for
• Examine relevant Indiana laws regarding any municipalities involved with the accident to determine if filing a lawsuit is possible
• Conduct a meticulous investigation to determine the cause of the accident, gathering evidence such as witness statements, accident reports, and any available surveillance footage
• Collaborate with accident reconstruction experts and other specialists to build a strong case for our clients
• Work tirelessly to secure fair settlements with insurance companies. If a settlement cannot be reached, we are prepared to litigate aggressively on behalf of our clients.
• Determine whether other liable parties may be sued and what insurance may be available
• Build your case and take it to trial if an agreement with insurance cannot be reached.

What to Do After an Accident With a Garbage Truck

1. Prioritize Safety

Ensure your safety and the safety of others involved. If there are injuries, seek medical attention immediately by calling for an ambulance. If possible and safe, move to a secure location away from traffic.

2. Seek Medical Attention

Even if you don’t think you’ve been seriously injured, it’s important to undergo a medical evaluation. Injuries may not be immediately apparent, and documentation of your health status is crucial for any future legal claims.

3. Call Law Enforcement

Contact the local police to report the accident. Having an official report on file can be essential for insurance claims and legal proceedings.

4. Gather Information

Collect information from all parties involved, including the garbage truck driver. Obtain their name, contact information, insurance details, and the truck’s license plate number. Take note of any witnesses and their contact information. Use your smartphone or camera to take photos of the accident scene. Witnesses’ statements may be valuable in the future.

5. Consult With an Attorney

Contact an experienced personal injury attorney, especially if you’ve sustained injuries or significant property damage. An attorney can help you navigate the legal process, deal with insurance companies, and pursue compensation for your losses.

Garbage Truck Accident Lawyer in Indianapolis Must Prove Negligence

Garbage truck accidents pose distinct challenges, especially with involvement from multiple parties or a municipality. If a government entity owns the garbage truck, considerations of sovereign immunity, which shields governments, come into play. Other potentially liable parties include the truck or parts manufacturer, in case of equipment failure, or the company responsible for road maintenance and cleanup if performed inadequately.

In an Indiana truck accident case, our attorneys must establish the fault and negligence of the defendant to win. To legally prove fault, we must demonstrate the presence of the following elements:

• Duty — The defendant owed you a duty of care not to cause harm.
• Breach — The defendant breached that duty by acting or failing to act.
• Cause – This action or failure to act caused an accident, resulting in injuries.
• Damages — You suffered damages as a result.

In garbage truck accident cases, multiple parties may be responsible, including:

• The garbage truck driver, if the driver was impaired, fatigued, careless, or speeding
• The owner of the truck or a private garbage company
• Other sanitation workers if they failed to load garbage properly and debris fell on the road
• The manufacturer of the truck or its parts, if these were defective and failed
• A municipality or road repair company responsible for road repairs
• A government entity or municipality, if they owned the garbage truck or hired the driver and were not exempt by law
• A worker responsible for truck maintenance.

Any or all of these parties may be at fault for contributing to the accident, and they all may have insurance and assets that can go toward a settlement award, so our attorneys would look to name them all as defendants in a lawsuit.

Damage Awards Our Garbage Truck Accident Attorneys in Indianapolis May Recover

In a successful case, you should receive compensatory damages that cover both your economic damages, which can be easily calculated, and your non-monetary damages that do not have a specific dollar value but negatively impact your life. Damages may include:

• Medical and rehabilitative bills and equipment
• Costs of continuing care
• Modifications to your home or vehicle
• Loss of wages and future earning capacity
• Property damage
• Pain and suffering
• Mental anguish and emotional distress
• Permanent disability
• Disfigurement and permanent scarring
• Loss of enjoyment of life.

In some rare cases, punitive damages may also be awarded to punish negligent parties for willful negligence or especially egregious behavior and to act as a deterrent for similar misconduct in the future.

Frequently Asked Questions on Garbage Truck Accidents

After an accident with a garbage truck, it’s natural to be confused and have questions and concerns. The following are some answers to questions our attorneys are frequently asked:

How much will my damage award be?

Damage amounts vary greatly according to the factors involved.  Severe injuries that involve permanent damage and require long-term care or cause death often result in a higher settlement and may range into hundreds of thousands or millions of dollars. If multiple parties are at fault and all have insurance and assets, the settlement may be higher.

Are there time limits for filing a case?

Yes, Indiana has a statute of limitations. This is the deadline for filing a case. According to Indiana law, Indiana Code (IC) 34-11-2-4(3), you generally must file a claim for personal injury within two years from the date of the accident or two years from the death for wrongful death cases.

What if a family member has died in a garbage truck accident?

When a garbage truck accident results in a death, our attorneys may be able to file a wrongful death lawsuit under The Indiana Adult Wrongful Death Act (AWDA), Indiana Code 34-23-1-2. Claims must be filed within two (2) years of the death, and the damages include reasonable medical, hospital, funeral, and burial expenses and lost earnings of such deceased person.

Can I still receive compensation if I am partially to blame for the crash?

According to Indiana code (IC 34 article 51 chapter 2), you could still receive compensation even if you are partially to blame for a crash, as long as you are less than 51 percent at fault.  However, your settlement will be reduced by the percentage of fault that you bear.

Call Our Garbage Truck Attorneys in Indiana to Get Justice

Garbage truck accidents require extensive investigation and experience, so contact our commercial trucking accident lawyers as soon as possible after your accident.

If you’ve been involved in a garbage truck accident in Indiana, don’t face the legal complexities alone. Contact Stephenson Rife in Indianapolis today at (317) 680-2350 for a free consultation. We are committed to advocating for your rights and helping you rebuild your life after a devastating accident.

Attorney Mike Stephenson

Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]