Bеing involvеd in an accidеnt with a garbage truck can bе jarring and unexpected. Such encounters oftеn bring shock, confusion, and may еvеn rеsult in substantial physical harm or propеrty damagе. Knowing how to respond if you find yoursеlf in this situation is vital not only for your immеdiatе safety but also for protеcting your lеgal rights down thе linе. You should considеr taking thе following stеps if this occurs:
Sееk Medical Attention
Whеthеr you think you’rе injurеd or not, it’s crucial to sееk medical attention immediately aftеr thе accidеnt. Somе injuriеs might not bе apparent at first duе to adrеnalinе triggered by such events. A comprеhеnsivе physical examination could hеlp identify any hidden injuriеs and initiate treatment in a timely manner.
Report the Accident
Notify appropriate law enforcement authorities about your incident – this could be local police, the sheriff’s department, or highway patrol, depending on the location specifics of your accident. Their input is often critical for resolving liability matters later since they prepare official reports detailing information related to the accident. You may also need to provide a written report to the department of transportation.
Gather Evidence
While still on the accident scene, make efforts to capture as much helpful information as possible. Take photographs of all involved vehicles from different angles, any visible injuries you sustained, and road conditions or traffic signs nearby. If there are witnesses around who saw what happened, try to obtain their contact details for future reference.
Contact a Lawyer
Reach out promptly to a New Mexico truck accident attorney with experience handling motor vehicle accidents involving large trucks and specifically garbage trucks if possible.
Who Could Be Liable For a Garbage Truck Accident?
In a garbage truck accident, determining liability can be more complex than in a typical motor vehicle accident given the potential involvement of public entities or private corporations. The following parties could potentially bear responsibility for the accident:
- Garbage Truck Driver: The driver could be responsible for the accident if they were operating recklessly or they were distracted, under the influence of alcohol or drugs, inadequately trained, or in violation of other traffic laws.
- Government Entity/Municipality: Many city-run sanitation departments manage garbage trucks as part of their responsibility to maintain public cleanliness. If a municipally operated garbage truck is involved in your accident, the municipality could be liable for damages.
- Corporation or Company That Owns the Garbage Truck: If an accident involves a garbage truck operated by a private waste management company instead of a municipal entity, then that corporation might bear responsibility for any resulting damages. Their liability could stem from inadequate employee training, lack of vehicle maintenance, negligent hiring practices, lax safety measures, or vicarious liability.
- You Could Be Partially Liable: In scenarios where your own actions contributed to causing the accident – such as negligence in adhering to traffic laws – you may be held partially accountable. Fortunately, you can still recover compensation in New Mexico even if you were partially at fault; this is due to the principle of pure comparative negligence. Under the doctrine of pure comparative negligence, if you’re deemed partially responsible for causing a collision, any damage compensation awarded will be reduced in proportion to your degree of fault. For example, if damages amount to $100,000 and you were found to be 20% at fault for the accident, then your compensation would decrease by that same percentage down to $80,000.
Dealing with the aftermath of an accident with a garbage truck can be complicated. Allow us to guide you in determining liability and facilitating your path towards rightful compensation. Don’t navigate this process alone; contact us today for your free consultation.