Trusted New York City Garbage Truck Accident Lawyers, Get Maximum Compensation Today

The violent impact of a massive garbage truck slamming into your vehicle changes everything in seconds. You're now facing overwhelming medical bills, excruciating physical pain, and the terrifying reality that you can't work or provide for your family. The emotional trauma compounds daily as insurance adjusters pressure you to accept inadequate settlements while you're at your most vulnerable.

Manhattan and the outer boroughs see over 60 garbage truck collisions annually, with many occurring along major routes like Atlantic Avenue and Queens Boulevard. We understand that garbage truck accidents in New York City cause uniquely devastating injuries, from severe spinal damage to traumatic brain injuries most passenger vehicles simply can't withstand. You deserve better than to suffer because of a negligent driver or inadequate safety protocols.

Without a skilled garbage truck accident lawyer fighting for you, insurance companies will exploit New York's complex liability laws to minimize your compensation. Every day without proper representation means critical evidence disappears and your case weakens.

Our personal injury lawyers have recovered over $900 Million for New York accident victims, including many people involved in large commercial vehicle accidents. As recognized "Super Lawyers" and "Top 100 Trial Lawyers," we understand the specialized legal strategies needed to win against powerful sanitation companies and their corporate legal teams.

When you need the best truck accident lawyer in New York, call Raphaelson & Levine at (212) 268-3222. We charge $0 unless we win your case, and our team is available 24/7 to start protecting your rights immediately. Don't wait — contact us now for you free consultation.

When Should You Hire A Garbage Truck Accident Attorney?

After an accident involving a garbage truck in New York, you should hire a garbage truck accident lawyer immediately if you’ve suffered severe injuries, face disputed liability, or are dealing with aggressive insurance companies.

Serious accidents have complex legal issues, and make it critical to have skilled legal representation from the outset. Early involvement of an experienced personal injury attorney at Raphaelson & Levine can significantly impact the outcome of your case.

Timing is critical after a garbage truck accident. Early legal intervention allows a New York truck accident lawyer at our firm to conduct a thorough investigation, secure vital evidence, and navigate complex insurance claims on your behalf. Delaying legal action can jeopardize your case and reduce your chances of full compensation.

With over 30 years of experience, our personal injury lawyers help most when:

• There are serious injuries or fatalities involved: Sanitation truck accidents often result in catastrophic injuries or death due to the size and weight of the vehicles. A wrongful death case requires extensive legal and medical expertise to properly value damages and prove liability.
• You're dealing with a government entity: Many garbage trucks are operated by city sanitation departments. Claims against government agencies have strict notice requirements and shortened statutes of limitations.
• Liability is disputed or unclear: Garbage truck accidents can involve multiple parties - the driver, the sanitation company, the truck manufacturer, etc. Determining and proving fault often requires a thorough investigation and legal analysis.
• The insurance company denies or undervalues your claim: Garbage truck accident cases often involve significant damages. Insurance companies may try to minimize payouts. An attorney can properly value the claim and negotiate effectively.
• There are complex legal issues involved: Negligent hiring/training of garbage truck drivers or improper truck maintenance can impact your payout. These cases require in-depth knowledge of trucking regulations and industry standards.
• Facing mounting medical bills and lost wages: An attorney can help you secure interim payments and expedite the claims process.
• Your accident involves unique circumstances: like a pedestrian or cyclist being struck. These cases may require accident reconstruction experts and specialized legal strategies.
• There's potential for punitive damages due to egregious negligence: An experienced lawyer can recognize when punitive damages may be available and build a case to pursue them.
• You're being pressured to accept a quick settlement: Our attorneys will evaluate if the offer is fair and advise you on long-term implications.
• Your case may need to go to trial: Our experienced trial lawyers are essential if litigation becomes necessary to secure fair compensation.

Don’t wait — contact our experienced garbage truck accident lawyers today to protect your rights. Call us today at (212) 268-3222 for a free case evaluation.

Why Victims Choose The Garbage Truck Accident Lawyers At Raphaelson & Levine Law Firm

When you're up against powerful city agencies or large private haulers with teams of attorneys, you need experienced legal representation that knows how to win these complex cases.

At Raphaelson & Levine, our record of success speaks for itself:

• We recovered $1.5M for a driver injured in a rear-end garbage truck accident
• We recovered $1.15M for a sanitation truck accident victim struck when the truck pulled out from the curb
• We’ve helped thousands of New Yorkers reclaim their lives and build a brighter future, and have a 99.9% client satisfaction rate

Here's what our experienced truck accident attorneys will do for you:

• Navigate complex liability issues: We'll investigate the crash to determine all potentially liable parties, including the garbage truck driver or sanitation workers, sanitation company, truck manufacturer, any other motor vehicles involved, and government entities. Our expertise in municipal liability is crucial in these cases.
• Meet strict deadlines: We'll ensure all necessary notices and claims are filed within the required timeframes, often shorter when government entities are involved. Missing these deadlines can result in losing your right to compensation.
• Gather & preserve evidence: Time is of the essence when gathering evidence. We act swiftly to collect and protect critical materials like truck maintenance logs, driver records, and surveillance footage before it can be lost or destroyed.
• Handle all negotiations: Insurance companies can be daunting adversaries. We'll handle negotiations with everyone involved to ensure you're not pressured into accepting an unfair settlement.
• Leverage experts: We collaborate with accident reconstruction specialists, medical professionals, and economic analysts to present a compelling and comprehensive argument that accurately reflects your future financial needs.
• Navigate unique regulations: The sanitation industry is governed by intricate regulations and standards. Using our in-depth knowledge, we'll pinpoint any violations or lapses that may have contributed to your accident.
• Maximize your compensation: We leave no stone unturned, Whether a claim against product manufacturers for defective equipment or exploring other liable parties, we'll ensure you receive maximum compensation.
• Prepare for trial if necessary: While many cases settle, we'll be prepared to take your case to trial if that's what's needed to secure fair compensation. Our extensive trial experience with commercial vehicle incidents ensures you have a formidable advocate fighting for your rights every step of the way.
• Provide comprehensive support: We assist with securing top-tier medical care, navigating insurance coverage issues, and addressing any other challenges that arise, allowing you to focus on healing while we handle the legal complexities.
• Offer peace of mind: We'll handle all legal aspects of your case so you can focus on recovering. Rest assured knowing our experienced legal team has your back.

What Is My New York Garbage Truck Accident Case Worth?

Last year, the average settlement for a crash involving a Department of Sanitation (DSNY) vehicle was $126,273. According to data from the New York City Comptroller, in FY 2023, 1,144 claims were filed for motor vehicle crashes involving DSNY vehicles. Of these claims, 597 were settled for a total of $75.4 million.

Garbage truck accident settlements in New York City can range from thousands to several million dollars. There is no single "average" settlement amount for New York garbage truck accident cases, as the potential compensation for injuries can vary widely depending on the specific circumstances of your case.

The value of a garbage truck accident case in New York depends on several factors:

1. Severity & Long-Term Impact of Your Injuries: More severe injuries that result in long-term disability or permanent changes to your quality of life typically lead to higher compensation. Cases involving spinal fusion surgeries, multiple fractures, or fatalities tend to receive larger payouts
2. Medical Expenses: Both current and anticipated future medical costs related to your injuries are considered when determining case value.
3. Lost Wages: Compensation may cover income lost due to the accident and potential future earnings if your ability to work has been impacted.
4. Pain & Suffering: Non-economic damages for physical pain and emotional distress are often factored into settlements.
5. Property Damage: Repairs or replacement of your vehicle and other damaged property can be included in your claim.
6. Liability: The degree of fault assigned to each party can impact the settlement amount. New York follows comparative negligence rules, which may reduce compensation if the you are found partially at fault.
7. Vehicle Ownership: Claims against city-owned DSNY (Department of Sanitation New York) vehicles may be handled differently than those involving private sanitation companies

While it's impossible to guarantee a specific amount, an experienced truck accident lawyer at our firm can help evaluate your case based on these factors and fight for fair compensation.

Common Injuries In New York Garbage Truck Accidents

Garbage truck accidents in New York can lead to serious physical injury due to the immense size and weight of a dump truck or private garbage trucks.

Common injuries garbage truck crash victims often suffer include:

• Traumatic Brain Injuries (TBIs): These can result from a direct impact or violent shaking during a garbage truck collision, leading to cognitive issues, memory loss, and long-term disabilities. Victims often need extensive rehabilitation.
• Spinal Cord Injuries: Spinal injuries can cause partial or complete paralysis, drastically affecting your quality of life. They typically require long-term medical care and physical therapy.
• Broken Bones and Fractures: The force of a garbage truck accident frequently results in broken bones, especially in the arms, legs, ribs, and pelvis, necessitating surgery and rehabilitation.
• Internal Organ Damage: Collisions can severely injure your organs like the liver or kidneys, requiring emergency surgery and can possible life-threatening risks.
• Severe Lacerations & Burns: Accidents may cause deep cuts or burns from debris or hot surfaces, leading to scarring and potential need for reconstructive surgery.

Understanding the potential long-term impacts of your injuries is crucial for seeking maximum compensation. Our attorneys will make sure your ongoing medical treatment, physical therapy and rehabilitation costs are covered, as well as permanent disability damages.

Damages Available To Garbage Truck Accident Victims

If you've been involved in a garbage truck accident in New York, you may be entitled to economic, non-economic damages, and punitive damages.

Economic Damages

Economic damages are quantifiable financial losses that victims incur as a result of the accident. These include:

• Medical Expenses: Covering both past and future medical bills related to your injuries, including hospital stays, surgeries, and ongoing treatments.
• Lost Wages & Loss of Earning Capacity: Compensating for income lost due to the accident and any potential future earnings if your ability to work has been compromised.

Non-Economic Damages

Non-economic damages are more subjective and will compensate you for the emotional and psychological impact of the accident. These include:

• Pain & Suffering: Addressing the physical pain and emotional distress endured as a result of the accident.
• Emotional Distress: Compensating for psychological impacts such as anxiety, depression, or post-traumatic stress disorder.
• Loss of Enjoyment of Life: Reflecting the diminished ability to enjoy daily activities and hobbies you once cherished.

Our legal experts work with experienced financial analysts and life care experts to ensure our clients are fully compensated for every penny they deserve.

Determining Fault In Garbage Truck Accidents

At Raphaelson & Levine Law Firm, we meticulously investigate motor vehicle cases to identify all responsible parties and determine an accurate assessment of who was at fault. NYC's private carting industry, regulated by the Business Integrity Commission (BIC), must follow strict safety regulations. Many companies cut corners on training, maintenance, and safety protocols — violations we uncover through aggressive investigation.

Liable parties often include:

• Drivers: Garbage truck operators must adhere to traffic laws and operate their vehicles responsibly. Drivers who speed, drive distracted, or fail to signal properly may be at fault.
• Sanitation Companies: Employers, whether private waste management firms or municipal entities, can be held liable for inadequate driver training or poor vehicle maintenance.
• Manufacturers: If a defective part or malfunctioning equipment causes an accident, the truck or component manufacturer may be at fault.
• The City of New York (for DSNY trucks): In cases involving city-owned garbage trucks like the New York City Department of Sanitation (DSNY), local government agencies may have responsibility for the accident.

Our experienced attorneys thoroughly examine various factors to establish fault, including:

• Driver logs and records
• Vehicle maintenance histories
• Traffic camera footage
• Witness statements
• Road conditions and signage

We use this evidence to build a strong case for our clients, identifying all potentially liable parties to maximize compensation. Our deep understanding of New York Vehicle and Traffic Law, as well as commercial vehicle regulations, allows us to navigate the complexities of these cases effectively.

By conducting comprehensive investigations and leveraging our expertise, we're able to determine fault accurately and pursue justice for victims of garbage truck accidents in New York.

We Handle All Types Of Accident Claims Involving Garbage Trucks

At Raphaelson & Levine Law Firm, we've seen it all. We have over thirty years of legal experience in garbage truck crashes in New York, including cases involving:

• Rear-end collisions
• Side-swipe accidents
• Pedestrian & cyclist injuries
• T-bone accidents at intersections
• Accidents due to improper loading or falling debris

When we investigate a garbage truck crash involving the New York City Department of Sanitation (DSNY), a private sanitation company, municipal garbage collection service, or subcontractor we look at the many common causes of injury like:

• Inconsistent routes: Private sanitation companies have clients scattered across the city, leading to hectic schedules and drivers rushing through congested streets to complete pickups.
• Frequent stops and starts: Garbage trucks make numerous stops along their routes, often pulling in and out of traffic unpredictably.
• Driver fatigue: Sanitation truck drivers, especially those working for private companies, often work extremely long shifts (14-18 hours) and through the night, leading to fatigue-related accidents.
• Poor vehicle maintenance: Private sanitation trucks are more likely to fail inspections and have serious safety violations like brake issues, worn tires, and faulty lights.
• Pressure to rush: Drivers are often pressured by their employers to complete routes quickly, leading to reckless driving behaviors.
• Movement through residential areas: Despite their size, garbage trucks frequently operate on narrow streets and in quiet neighborhoods, increasing risks to pedestrians and children.
• Unbalanced loads: The nature of garbage collection means loads can shift unpredictably during transport, increasing the risk of rollovers.
• Limited visibility: Garbage trucks have significant blind spots and limited driver visibility, especially problematic in urban environments.
• Unique vehicle design: The size, weight, and specialized equipment (like mechanisms for lifting dumpsters) of garbage trucks create specific hazards not present with other vehicles.
• High number of operators: With over 90 private sanitation companies operating in NYC, plus city-owned trucks, there's an unusually high volume of these vehicles on the streets.

We understand that each case is unique and presents its own set of challenges. Our approach is tailored to the specific circumstances of your accident, whether it occurred in a borough in New York City or a quieter suburban area Upstate.

New York Garbage Truck Accident Laws & Your Legal Rights

The Department of Sanitation New York (DSNY) operates over 2,100 collection trucks that navigate our crowded streets daily — and when negligence occurs, the results can be catastrophic.

The law provides important protections for victims like you, but understanding which legal standard applies to your case is crucial for maximizing your recovery.

The "Reckless Disregard" Standard: A Higher Hurdle

When DSNY trucks are actively collecting garbage, they're protected by New York Vehicle and Traffic Law § 1103(b), which requires victims to prove "reckless disregard" — not just ordinary negligence. This means showing the driver consciously disregarded an extreme risk with indifference to the consequences.

In the landmark case Groninger v. Village of Mamaroneck, the court established that sanitation workers engaged in work are held to this higher standard. Similarly, Deleon v. New York City Sanitation Department reinforced that active garbage collection operations fall under this special protection.

What does this mean for you? You need experienced attorneys who understand how to prove reckless behavior. At Raphaelson & Levine we've successfully navigated this challenging standard for countless NYC victims.

When The "Ordinary Negligence" Standard Applies

Not every garbage truck accident involves the higher standard. Private haulers and DSNY trucks not actively collecting garbage are held to the ordinary negligence standard — requiring only proof that the driver failed to exercise reasonable care.

Our attorneys meticulously investigate your accident to determine which standard applies, gathering crucial evidence like:

• GPS tracking data from the truck
• Surveillance footage
• Witness statements
• Maintenance records
• Driver history and qualifications

Critical Deadlines You Can't Miss

After a garbage truck accident in NYC, the clock starts ticking immediately.

Notice of Claim: Your 90-Day Deadline

If your accident involved a DSNY truck, a Notice of Claim must be filed within 90 days (General Municipal Law § 50-e). This document must include specific details about your accident and injuries. One mistake could jeopardize your ability to recover compensation.

Many accident victims make the devastating error of filing late or submitting incomplete information. Don't let this happen to you.

Our truck crash attorneys will prepare and file your Notice of Claim correctly and on time.

Statute of Limitations: Time Restrictions Limit Your Right to Sue

For accidents involving city-owned garbage trucks, you have just 1 year and 90 days to file your lawsuit (General Municipal Law § 50-i). For private garbage truck companies, you have 3 years under New York's personal injury statute of limitations.

Miss these deadlines, and you lose your right to compensation — permanently.

Clients Also Ask: Garbage Truck Accident FAQs

What Should I Do Immediately After A Garbage Truck Accident In New York?

After a garbage truck accident in New York, immediately ensure your safety, call 911, seek medical attention, and document the scene if possible. Gather evidence and witness information crucial for your case. Avoid discussing fault or giving statements to insurance companies before consulting with a skilled attorney. According to New York Vehicle & Traffic Law Section 600, leaving the scene of an accident is illegal and can result in severe penalties.

How Long Do I Have To File A Garbage Truck Accident Lawsuit In New York?

In New York, the statute of limitations for filing a garbage truck accident lawsuit is generally three years from the accident date. This timeframe is established by New York Civil Practice Law and Rules Section 214. However, if the accident involves a government entity like a DSNY truck, you must file a "Notice of Claim" within 90 days. Speak with our attorneys as soon as possible to preserve your rights.

Can I Still Recover Damages If I Was Partially At Fault For The Garbage Truck Accident?

Yes. You can still recover damages in New York even if you were partially at fault for the garbage truck accident. New York follows a pure comparative negligence rule, as outlined in NY Civil Practice Law and Rules Section 1411. Under this rule, your settlement will be reduced by your percentage of fault.

How Long Does It Typically Take To Settle A Garbage Truck Accident Case In New York?

Garbage truck accident cases in New York typically take between 6 months and 4 years to settle, depending on the complexity of the case and the severity of your injuries. The settlement timeline can be influenced by factors like the extent of your medical treatment, negotiations with insurance companies, and whether your case goes to trial.

What Are The Most Common Causes Of Garbage Truck Accidents In New York?

The most common causes of garbage truck accidents in New York include driver fatigue, distracted driving, inadequate training, poor vehicle maintenance, and challenging road conditions. Speeding and sudden stops are particularly dangerous due to the size and weight of large trucks like these. Equipment failures, like faulty brakes or improperly secured loads, also contribute to accidents. Understanding these causes is crucial for determining liability and building a strong personal injury case.

How Does New York's Largest Sanitation Department Handle Accident Claims?

The New York State Department of Sanitation (DSNY) handles claims in sanitation truck accidents through a specific process:

1. A Notice of Claim must be filed with the Comptroller's Office within 90 days of the incident. This is a crucial first step in the claims process against a public entity like DSNY.
2. After receiving the Notice of Claim, the City investigates the incident and may offer a settlement. You can choose to accept or reject this offer.
3. If the settlement is rejected, a lawsuit can be brought in court.

Take Action Now: Your Recovery Can't Wait

Every day you wait after a commercial truck accident puts your case at risk. Evidence disappears, witnesses' memories fade, and critical deadlines approach.

Contact our NYC garbage truck accident lawyers today for confidential, free consultation. We'll evaluate your case, explain your options, and fight tirelessly to recover compensation.

Remember — you pay nothing unless we win your case. Call (212) 268-3222 now or complete our online form to start your recovery journey.