Recovering from any type of automobile accident in Texas can be a complicated and overwhelming process. When a garbage truck is involved in a crash, however, it can be even more difficult to know who to hold liable or financially responsible. Unlike a typical car accident, liability is not always just limited to a driver. Make sure to speak with an experienced truck accident lawyer in San Antonio.
How Does Vicarious Liability Work?
In Texas, the at-fault car insurance law requires the person or party that caused a car accident to pay for a victim’s medical bills, property repairs and other damages. In most cases, this party is a driver who violated a traffic law, such as by speeding or running a red light. However, there are situations where a third party can be held vicariously liable for the actions of a driver.
Vicarious liability is a legal doctrine that holds one party responsible for the actions of another based on their relationship with one another. A common example is an employer’s vicarious liability for the mistakes of its on-duty employees.
In the case of a garbage truck accident, if the truck driver was negligent or failed to act with reasonable care, the company that employed the driver can typically be held vicariously liable. In Texas, most garbage trucks are owned by private companies, such as Texas Disposal Systems and Homeland Waste Management.
A garbage truck company in Texas can face vicarious liability for its at-fault driver, but it can also be held directly responsible for its own acts of negligence. This includes poor garbage truck maintenance that leads to part breakdowns and related accidents.
Determining Liability for a Garbage Truck Accident
Liability starts with understanding the cause of the accident. Naming the defendant(s) in a garbage truck accident case requires a thorough crash investigation. Investigators will examine evidence such as police reports and eyewitness statements to piece together how and why the crash occurred.
Common causes of garbage truck accidents include:
- Unsafe or reckless driving
- Speeding
- Ignoring traffic signs or signals
- Driving while distracted
- Drowsy driving
- Driving under the influence
- Poor truck driver training
- Inadequate garbage truck maintenance
- Overworked drivers
In addition to filing a claim against a garbage truck driver or waste management company, other possibilities include third-party waste collection contractors, municipalities or government entities (for city-operated trucks), garbage truck part manufacturers, and maintenance providers. In some cases, multiple parties share fault.
Maximize Your Compensation By Hiring a Truck Accident Lawyer
If you get hurt in an accident involving a garbage truck in Texas, you may be eligible for financial compensation from the waste management company or another party. You could receive a payout that covers your hospital bills, motor vehicle repairs, lost wages, pain and suffering, and more.
The most reliable way to improve your case outcome is by hiring a personal injury lawyer in San Antonio to represent you. Garbage truck accident claims can be confusing. An attorney can take over insurance claim processes and communications with an adjuster on your behalf. If necessary, your lawyer can bring your case to trial for a fair outcome.
A law firm will have the experience and resources to go up against a waste management company or government entity in pursuit of justice. Learn more about your case by requesting a free consultation at Hill Law Firm Accident & Injury Attorneys.