Syracuse Personal Injury Law Blog
Garbage trucks accidents, whether publicly or privately operated, can lead to devastating harm. If you’ve sustained injuries or your loved one has died in an accident involving a garbage truck, you need to consult a seasoned Syracuse personal injury attorney who can help you make sense of what happened. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients recover the damages award they need to move on with their life.
A private sanitation truck ploughed into a bicyclist in Midtown last month. The 43-year-old bicyclist was traveling southbound when the truck sideswiped the bicycle late into the evening. The bicyclist was rushed to a nearby hospital and was in critical, but stable condition. In other words, the injuries were not life threatening. The driver remained at the scene of the wreck and made no attempt to flee. Private garbage trucks in New York have been responsible for 20 fatalties since 2016. Given how often these trucks are involved in serious and even deadly accidents, the state has been cracking down on these vehicles.
Liability for a Garbage Truck Accident
Garbage trucks moving through neighborhoods pose a threat to pedestrians, bicyclists and others on the road if the truck driver is not vigilant behind the wheel. Garbage truck drivers are held to the same standard as any other type of commercial driver and must adhere to the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). Sadly, accidents are often caused because of driver negligence when drivers engage in unsafe driving practices such as speeding, impaired driving, violating FMCSA regulations and more.
Under New York law, negligence takes place when a drive causes an accident and resulting injury by failing to use the level of care that a reasonably prudent driver would have used under the same or similar circumstances. In order to establish negligence, the plaintiff is required to prove the following elements: i) the garbage truck driver owed the plaintiff a duty to exercise reasonable care; ii) the garbage truck driver breached the duty owed to the plaintiff; iii) the garbage truck driver’s breach was a direct and proximate cause of the accident; and iv) the plaintiff suffered quantifiable damages as a result.
Of course, driver negligence is not the only cause of dangerous garbage truck accidents. These accidents can also be the result of defective equipment, falling objects or poor maintenance.
Syracuse Garbage Truck Accident Lawyers
Sanitation workers are essential to our community and they need garbage trucks to do their jobs properly. When these trucks are not operated in a safe manner, however, devastating accidents can result. If you have been injured in an accident involving a garbage truck, we may be able to help you recover compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned garbage truck accident attorneys understand this area of law and can help protect your rights every step of the way. For more information, please call us 833-200-2000 or contact us online.
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Migraines/Headaches and Medical Malpractice in Syracuse, Syracuse Personal Injury Blog, October 17, 2018