Fresno Garbage Truck Accident Lawyer

Injured during a garbage truck accident in Fresno, CA? Contact the top Fresno garage truck accident lawyer to seek compensation.

Garbage trucks travel through Fresno neighborhoods every day, and when these heavy vehicles collide with cars, cyclists, or pedestrians, the consequences are often catastrophic. 

Determining liability can be complex, as responsibility may rest with the City of Fresno, a private contractor, or multiple parties. Victims must also meet strict government claim deadlines that can permanently affect their right to compensation.

At Kuzyk Personal Injury & Car Accident Lawyers, our experienced truck accident lawyers have decades of experience handling garbage truck accident cases throughout Fresno County. Our Fresno garbage truck accident attorneys understand the legal, regulatory, and insurance challenges these claims entail and move quickly to identify all liable parties.

We fight to recover full compensation for your medical expenses, lost wages, and long-term care needs so you can focus on healing. 

What Makes Garbage Truck Accidents So Dangerous in Fresno?

Garbage trucks are among the largest vehicles operating on Fresno’s residential streets. These massive trucks can weigh up to 64,000 pounds when fully loaded, making them extremely dangerous in collisions with passenger vehicles.

The design and operation of garbage trucks create several unique hazards that don’t exist with other commercial vehicles:

• Massive blind spots: Drivers cannot see vehicles, pedestrians, or cyclists in large areas around the truck.
• Frequent backing maneuvers: Trucks must reverse at each stop, often without clear visibility.
• Hydraulic equipment dangers: Mechanical arms can malfunction or strike nearby objects and people.
• Early morning operations: Most routes begin before dawn when visibility and driver alertness are compromised.

Residential Route Dangers

Unlike highway trucking, garbage collection happens on narrow residential streets with parked cars, children, and pets. Drivers must navigate tight spaces while operating complex hydraulic systems. This combination creates a perfect storm for serious accidents.

The stop-and-go nature of collection routes also leads to driver fatigue and complacency, often resulting in distracted driving behaviors. After hundreds of routine stops, drivers may become less vigilant about checking for hazards.

Contact us for a free consultation and discover how our  Fresno garbage truck accident attorneys can help you seek compensation and justice.

Who Can Be Held Liable for Your Garbage Truck Accident?

Determining liability in garbage truck accidents requires identifying all potentially responsible parties. Multiple entities may share responsibility for your injuries, which increases the total compensation available.

The truck driver bears primary responsibility if they acted negligently by failing to check blind spots, backing without proper precautions, or operating the vehicle while fatigued or distracted. However, their employer typically shares liability under California law.

City of Fresno vs Private Waste Companies

Fresno uses both city-operated trucks and private contractors for waste collection services. This distinction dramatically affects how you must pursue your claim and the deadlines you face.

Private waste management companies like Waste Management or Republic Services carry commercial insurance policies specifically designed to cover truck accidents. These cases follow standard personal injury procedures with a two-year statute of limitations.

City of Fresno trucks are subject to government liability rules, which require filing a formal claim within 6 months. Missing this deadline permanently bars your case, regardless of how strong your evidence may be.

Critical Deadlines That Can Destroy Your Case

California Government Code Section 911.2 requires accident victims to file a government claim within six months when a public entity is responsible. This deadline is strictly enforced with virtually no exceptions.

The government claims process involves specific forms and procedures that differ significantly from those for standard insurance claims. You must identify the correct government agency, describe your injuries in detail, and specify the compensation you’re seeking.

Six-Month Government Deadline vs Two-Year Lawsuit Period

The contrast between these deadlines shows why immediate legal action is crucial:

The agency has 45 days to respond, even if you file a claim with the government on time. You might only have a short amount of time to file a lawsuit if the agency denies your claim or doesn’t respond. Call a  Fresno garbage truck accident lawyer right away to find out the deadline.

Common Causes of Garbage Truck Accidents in Fresno

Most garbage truck accidents result from preventable driver errors or company negligence. Our investigations typically reveal one or more contributing factors that could have been avoided with proper training and safety protocols.

Driver-related causes include failing to check blind spots before turning or changing lanes, backing up without using a spotter or adequate caution, and re-entering traffic without yielding to oncoming vehicles. Fatigue from early morning starts and long routes also plays a significant role.

Company negligence often involves inadequate driver training, poor vehicle maintenance, and unrealistic route schedules that pressure drivers to work unsafely. Some companies fail to install proper safety equipment, like backup cameras or warning systems.

Equipment Failures and Maintenance Issues

Garbage trucks endure extreme wear from constant stop-and-go driving and heavy hydraulic use. Critical systems can fail without proper maintenance:

• Brake system failures: Worn brakes cannot stop these heavy vehicles safely.
• Hydraulic malfunctions: Arms can swing unexpectedly or fail to secure properly.
• Tire blowouts: Overloaded trucks put excessive stress on tires.
• Steering problems: Heavy loads affect vehicle handling and control.

Severe Injuries Common in Garbage Truck Collisions

The massive weight difference between garbage trucks and passenger vehicles means even low-speed collisions cause devastating injuries. Victims often face months or years of medical treatment and may never fully recover.

Traumatic brain injuries occur when the force of impact causes the brain to strike the inside of the skull. These injuries can result in permanent cognitive problems, personality changes, and physical disabilities that affect every aspect of your life.

Spinal cord damage is another common consequence, potentially leading to partial or complete paralysis. Even “minor” spinal injuries like herniated discs can cause chronic pain and limit your ability to work or enjoy everyday activities.

Calculating Your Full Damages

Garbage truck accidents often result in catastrophic injuries that require extensive medical care and cause permanent disabilities. Your compensation should cover both immediate costs and long-term consequences:

• Medical expenses: Emergency treatment, surgery, hospitalization, rehabilitation, and ongoing care.
• Lost income: Time off work during recovery and reduced earning capacity due to permanent injuries.
• Pain and suffering: Physical pain, emotional distress, and loss of life enjoyment.
• Property damage: Vehicle replacement, personal belongings, and other damaged property.

Essential Evidence in Garbage Truck Accident Cases

Building a successful case requires preserving crucial evidence before it disappears or gets destroyed. Garbage truck companies and government agencies have policies for retaining records, but they won’t preserve evidence indefinitely.

Our  Fresno garbage truck accident attorneys immediately send preservation notices to all potentially liable parties, requiring them to maintain all relevant records. This legal requirement prevents them from destroying evidence that could prove your case.

Technology and Documentation Evidence

Modern garbage trucks contain sophisticated systems that record detailed information about their operation:

• GPS tracking data: Shows vehicle location, speed, and route patterns.
• Onboard cameras: Record the driver’s actions and surrounding traffic.
• Hydraulic system logs: Document equipment operation and any malfunctions.
• Maintenance records: Reveal whether the truck was serviced correctly.

We also gather physical evidence from the accident scene, including photographs of vehicle damage, skid marks, and road conditions. Witness statements provide independent accounts of how the accident occurred.

What to Do Immediately After a Garbage Truck Accident

Your actions in the first hours after an accident can significantly impact both your health and your legal case. Priority one is continually getting medical attention, even if you feel fine initially.

Call 911 to report the accident and request emergency medical services if anyone appears injured. Many serious injuries don’t cause immediate pain, so it’s crucial to seek medical evaluation.

Key Documentation

Photograph and Identify

Photograph everything: vehicles, the scene, and your visible injuries. Crucially, identify the truck by noting the company name, unit number, and the driver’s information.

Gather Details

Find witnesses and get their contact information. Also, quickly document conditions such as weather, lighting, and road conditions.

Communication Rule

Avoid Admitting Fault

Do not discuss fault or accept blame for the accident with anyone. When speaking with police, stick strictly to factual, objective observations.

How Insurance Companies Handle Garbage Truck Claims

Commercial garbage truck insurance policies typically provide much higher coverage limits than standard auto insurance. However, these companies employ experienced adjusters and attorneys whose job is to minimize payouts.

Insurance adjusters often contact accident victims within hours, hoping to obtain recorded statements or quick settlements before victims understand the full extent of their injuries. These tactics are designed to limit the company’s financial exposure.

Why You Need Legal Representation

Garbage truck accident cases involve complex liability issues, multiple insurance policies, and sophisticated defense strategies. Insurance companies know that unrepresented victims typically accept much lower settlements.

Our  Fresno garbage truck accident attorneys level the playing field by conducting thorough investigations, consulting with expert witnesses, and aggressively negotiating with insurance companies. We prepare every case for trial, which often motivates insurers to offer fair settlements.

California’s Comparative Negligence Law

You can still recover compensation even if you bear some responsibility for the accident. California’s pure comparative negligence rule allows recovery proportional to the other party’s percentage of fault.

For example, if you’re found 20% at fault and awarded $100,000, you would receive $80,000. Insurance companies often try to shift blame to victims to reduce their payouts, making experienced legal representation crucial.

Fighting Unfair Blame Tactics

Defense attorneys and insurance adjusters use various strategies to increase your fault percentage. They may claim you were speeding, following too closely, or not paying attention when the accident occurred.

We counter these tactics by gathering evidence that demonstrates the garbage truck driver’s primary responsibility. This includes analyzing the truck’s speed and braking patterns, interviewing witnesses, and consulting with accident reconstruction experts.

Damages Available in Garbage Truck Accident Cases

California law allows recovery for both economic and non-economic damages resulting from your injuries. Economic damages include all financial losses with specific dollar amounts, while non-economic damages compensate for intangible harms.

Economic damages cover medical bills, lost wages, property damage, and other out-of-pocket expenses. These damages also include future costs, such as ongoing medical treatment and reduced earning capacity due to permanent injuries.

Non-economic damages compensate for pain and suffering, emotional distress, and loss of life enjoyment. These damages recognize that serious injuries affect far more than just your finances.

Punitive Damages in Extreme Cases

California courts may award punitive damages when defendants acted with extreme recklessness or intentional misconduct. These damages punish wrongdoers and deter similar behavior in the future.

Punitive damages are rare in garbage truck cases but may apply if the driver was intoxicated, the company knowingly used unsafe vehicles, or other egregious conduct occurred.

Fresno Garbage Truck Accident FAQs

How Long Do I Have to File a Claim Against the City of Fresno?

You must file a formal government claim within six months of the accident date if a City of Fresno garbage truck caused your injuries. This deadline is much shorter than the two-year statute of limitations for private company cases and is strictly enforced.

Can I Sue if the Garbage Truck Was Backing Up When It Hit Me?

Yes, you can typically recover compensation in backing accidents because commercial drivers have a duty to ensure the path is clear before reversing. Garbage truck drivers must use extreme caution when backing due to their vehicles’ massive blind spots.

What if I Was Partially at Fault for the Garbage Truck Accident?

California’s comparative negligence law allows you to recover damages even if you were partially responsible for the accident. Your percentage of fault will reduce your compensation, but you can still receive substantial compensation if the garbage truck driver was primarily responsible.

Contact a Fresno Garbage Truck Accident Lawyer Today

Garbage truck accidents involve complex legal issues, strict deadlines, and powerful insurance companies determined to minimize payouts. You need experienced legal representation to protect your rights and secure fair compensation for your injuries.

Kuzyk Personal Injury & Car Accident Lawyers has successfully handled garbage truck accident cases throughout Fresno County for decades. We understand the unique challenges these cases present and have the resources to take on major waste management companies and government entities.

Don’t let crucial evidence disappear or miss important deadlines that could destroy your case. Call us today for a free consultation to discuss your garbage truck accident and learn how we can help you recover the compensation you deserve. We work on a contingency fee basis, which means you pay nothing unless we win your case.