Municipal trash pickup is crucial to keeping cities and towns of all sizes running smoothly, but that does not mean the only responsibility that trash truck drivers have is making sure they complete their routes on time. Like anyone operating a commercial vehicle on public roads, these drivers also have a duty of care to drive carefully and lawfully so they do not injure anyone around them—a duty which, unfortunately, not everyone working in this position fulfills.
If a loved one was killed, or you were severely hurt, in a garbage truck accident in Franklin, you may have grounds to seek civil compensation for your injuries and ensuing losses, but you also may have a deceptively tough time doing that alone. Our truck injury lawyers at the Law Firm for Truck Safety have extensive experience handling cases like this successfully, and we can put that knowledge to work for you in pursuit of the best possible resolution to your claim.
In many respects, traffic collisions caused by garbage truck operators in Franklin often look the same as collisions caused by other types of people with commercial driver’s licenses (CDLs). A traffic offense is a traffic offense regardless of what type of vehicle you are driving, and anyone who drives drunk, distracted, or in an overly aggressive way is liable for any injuries they cause through their irresponsible behavior, whether they are on the job at the time or not.
However, it is also possible to hold garbage truck drivers and their employers liable for injuries they cause, specifically through misuse of the unique features of their trucks. For instance, some trash trucks have crane arms designed to lift trash bins up and empty them into a compartment on the truck, so if someone operating that truck did so irresponsibly and caused a full bin to fall on a pedestrian walking nearby, that pedestrian might have grounds to sue just like they would if they had been injured in a traffic crash caused by a garbage truck driver’s negligence behind the wheel. Our lawyers have handled cases in which garbage truck drivers drive on high speed roads while standing up behind the wheel the entire time!
Depending on who the trash truck driver at fault for a wreck in Franklin works for, you may have different rules applicable to you when it comes time to file suit. Generally, if someone works for a privately contracted trash collection service, their employer simply holds vicarious liabilityLegal responsibility of one party for the actions of another, such as an employer for their employee. for their employee’s misconduct on the job.
Vicarious liabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence, proving causation, and resulting damages. also applies to entities like the City of Franklin’s Sanitation and Environmental Services Department if a municipal trash truck driver negligently causes an injury, but there may be additional rules for actually filing suit, which differ from those applicable to claims against private individuals and companies. As one of our lawyers can explain in more detail, this is because of the unique ways in which the Tennessee Governmental Tort Liability Act carves out motor vehicle accidents as an exception to the sovereign immunity that government bodies usually have from civil liability.
Although garbage pickup is vital to keeping society on track, garbage truck drivers are still expected to be careful and considerate while operating their machines. Drivers who fail to do this may hold civil liability for ensuing injuries, as may their operators and anyone else who directly or indirectly contributes to causing those injuries.
If this sounds like the circumstances that have affected your family or left you seriously hurt, you should consider reaching out to the Law Firm for Truck Safety to discuss your legal options. Call today for assistance with your garbage truck accident in Franklin.
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