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Garbage Truck Accident Lawyers

Experienced Garbage Truck Accident Lawyers Representing Clients Across the Texas and Nationwide

Collecting garbage and recyclables through the use of garbage trucks is essential, but too often are these vehicles involved in serious motor vehicle accidents.

At Thomas J. Henry, we believe adverse drivers and negligent companies should be held accountable for their actions. Call now for a FREE case evaluation.

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The Dangers of Garbage Trucks

Garbage trucks, or waste disposal vehicles, are a frequent sight in communities both big and small. These massive vehicles pick up refuse from residential homes and commercial properties to haul off to landfills or recycling facilities. Unfortunately, accidents involving garbage trucks oftentimes result in severe or fatal injuries. The size differential between a typical passenger vehicle and a garbage truck plays a big factor. An average passenger car weighs around two tons, and garbage trucks can weigh between 15 and 32 tons.

People in other motor vehicles are not the only group vulnerable to serious wrecks involving garbage trucks. Because these vehicles traverse through neighborhoods, alleyways, and other residential areas, pedestrian accidents involving garbage trucks can occur. Bicyclists are also at an increased risk of an accident with a garbage truck.

Like other large commercial motor vehicles, like semi-trucks and 18-wheelers, garbage trucks have large blind spots and can be difficult to maneuver. When navigating through tight streets in high population areas, a small mistake can cause catastrophic injuries. Garbage truck drivers must exhibit extreme care and caution when performing their job and continuously look for pedestrians, bicyclists, and other vehicles while driving.

Contact an Experienced Garbage Truck Accident Attorney

If you or a loved one have been injured in a garbage truck accident, contact Thomas J. Henry Law. We have advocated for truck and company vehicle injury victims throughout the nation for decades. When hiring a personal injury law firm, you need a firm with experience attorneys, financial and legal resources, and a reputation for winning large cases. We ensure that every client is represented dynamically and efficiently, ensuring your case is handled with personal care from start to finish.

Our experienced garbage truck accident lawyers are available 24/7, nights and weekends to evaluate your claim. Contact us today for a free case review. Our firm has offices in Corpus Christi, San Antonio, and Austin, serving clients across Texas and nationwide.


Your Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following an accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Generally, a trucking company will attempt to distance themselves from an accident in an attempt to limit their liability, even if this means throwing their own employee under the bus. Trucking companies have teams of investigators and attorneys whose sole purpose is to challenge claims and reduce the amount of money that the trucking company has to payout.

Among the tactics often used by trucking companies to chip away at your claim are:

Recorded Statements – The trucking company’s insurer will contact you after the accident requesting a recorded statement. While they claim this is to they can better understand your injuries and streamline the payout process, they are actually trying to get you on record saying something that harms you case. It is essential that you speak to an attorney before providing such a statement. Do not be bullied, you have no legal requirement to answer the insurer’s questions without the advice of your attorney.

Low Settlement Offers – The insurance company wants to settle your claim for as little as possible. They know that you are in a state of chaos and confusion and will take advantage of it. While it may be tempting, do not accept the insurers offer without consulting with your attorney first.

Destroying Evidence – Often times, a trucking company will attempt to destroy or alter records or evidence after an accident with the goal of hiding their mistakes. An attorney can file a court ordered temporary restraining order in order to preserve any and all evidence in the state that it was in at the time of your accident.

Not Ordering a Drug or Alcohol Test – Some companies will tell drivers involved in an accident not to submit to a drug or alcohol test if they think the driver was impaired when the crash occurred. The driver may feel pressured as being under the influence while behind the wheel can end their career. Federal regulations actually require drivers get tested following a crash. Still, the fine for violating this regulation is much less damaging that the repercussions of a trucker driving under the influence of alcohol or drugs.

Delaying the Claim – May trucking companies will attempt to delay your claim in the hopes that you will lose the will and financial resources to fight. Thomas J. Henry has the money and manpower to see your case through to the end and knows how to drive a case forward.

Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your trucking accident lawsuit include:

  • Accident Investigation Experts
  • Hazardous Materials Experts
  • FMCSA Compliance Consultants
  • Forensic Engineers
  • Accident Re-constructionists
  • Human Factors Forensic Science Experts (reaction time, fatigue and distracted driving)
  • General Equipment Technical Expert

Because of the complexity of commercial trucking accident lawsuits, it is essential to have expert witnesses who can help prove your case. An expert witness is able to provide a detailed account of your accident before a jury, explaining what factors contributed to your collision and your injuries.

While trucking regulations do vary by state, there are federal guidelines by which all commercial vehicle drivers and fleet operators must abide. These regulations are codified in Title 49 of the Code of Federal Regulation.

A few of the most important federal commercial motor vehicle regulations are:

  • Drivers must be 21 years of age or older to drive across state lines or operate a vehicle containing hazardous materials.
  • Texas truck drivers must be at least 18 years old to operate within state lines.
  • To be eligible for a CDL, drivers must have no prior disqualifying criminal offenses.
  • Prior to obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
  • In order to obtain a commercial learner’s permit, drivers must be cleared by a qualified medical examiner that they are physically able to operate a commercial vehicle.
  • For commercial motor vehicle operators, the blood alcohol content (BAC) limit is .04, compared to .08 for regular drivers.
  • Truck drivers are banned from using handheld mobile phones while driving. Trucking companies are prohibited from allowing or requiring drivers to use handheld devices while driving.
  • Drivers are prohibited from holding a CDL issued by more than one state or jurisdiction.

In Texas, drivers of commercial vehicles, 18-wheelers, and large trucks are subject to specialized rules enacted by the Texas Department of Transportation (TxDOT) and the Federal Motor Carrier Safety Act (FMCSA)

From rules dictating who can operate a commercial vehicle to rules limiting the number of consecutive hours a driver can spend behind the wheel, these regulations have been put in place to help keep other drivers safe. When drivers fail to comply by these rules, tragedy can occur.

Another important note is that trucking regulations are not limited to drivers, but also affect transportation companies. These can set requirements for commercial trucking companies, managers, and fleet operators.

In order to prove loss of income, you will want to gather the appropriate documentation to support your claim. You attorney will go into more detail, but generally you will want to start by:

  • Getting a letter from your employer indicating how much time you took off.
  • A paycheck stub or W-2 that can be used to calculate hourly rate of pay or your monthly salary.
  • Documentation from your employer showing how many hours a week you work.
  • Documentation from your employer indicating whether you are qualified to receive overtime pay and whether or not you typically work overtime.

Once that information is collected, you can begin calculating a rough estimate of your lost wages by:

  • Determine the number of hours you missed from work. If your hours vary from week to week, calculate the average based on your last two to three weeks of work.
  • Determine the number of overtime hours you missed.
  • Multiply the number of hours you missed by your hourly rate or estimated hourly rate.
  • Multiply any overtime hours by 1.5 your hourly rate or estimated hourly rate.
  • Add the values for regular hours missed to the overtime hours you missed.

If you are salaried, you can work out your lost wages by:

  • Divide your annual salary by the number of hours you work (hours a full time employee works per year: 2,080) in order to get the amount you earn per hour.
  • Calculate the number of hours you missed by multiplying the days you were out of work by 8 (typical work days for salaried employees 8 hours – even if you actually work more).
  • Multiply those two figures to calculate your lost wages.

Tips, commissions, bonuses and other items can be added to the base amount of loss wages.

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

Our Locations

Contact Us for a Free Case Review

info@tjhlaw.com

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