The Greenville lawyers of Hammack Law Firm have the experience you need on your side if you or a loved one have been hurt in a collision with a garbage truck. Garbage trucks are far larger and heavier than most other vehicles on the road. This means an accident involving one has the potential to cause far more significant damage than other collisions, and people can be much more likely to sustain injuries that have very long recovery times. Did you suffer a severe injury or lose a loved one in a garbage truck accident in the greater Greenville area? Do not wait another moment to retain legal counsel. The attorneys at Hammack Law Firm want to help you. Call (864) 326-3333 or contact us online to take advantage of a free, no-obligation consultation.
Do I Need A Garbage Truck Accident Lawyer?
When you have been involved in a garbage truck accident, one of the primary areas of confusion for most people will be determining who is responsible. A driver may have been at fault, but that driver’s employer or the owner of the truck could also be responsible.
Garbage truck accident cases can involve governmental agencies, which may make personal injury claims subject to the South Carolina Tort Claims Act. You will need an experienced attorney who can help you navigate the complicated legal requirements.
The first thing that a lawyer will do to help you is thoroughly investigating your accident to determine the actual cause. The attorney can also preserve critical evidence and discover all of the possible liable parties.
Perhaps the biggest reason to contact a lawyer is that they can deal with the insurance company for the garbage truck for you. You don’t have to let insurance companies intimidate you. You should avoid saying anything to any insurer, and never provide any recorded statement to a claims adjuster. It’s a great idea to let an experienced attorney handle this litigation for you so you can focus on healing.
Why Choose Hammack Law Firm To Handle My Case?
Hammack Law Firm is a bilingual law firm that can help clients in both English and Spanish. Also, we have a Client Bill of Rights that provides a 30-day unconditional satisfaction guarantee. Mr. Hammack is licensed in both Georgia and South Carolina. He handles cases in all South Carolina and Georgia state courts as well as the United States Court of Appeals for the Fourth Circuit, the United States District Court for the District of South Carolina, and the United States District Court for the Northern District of Georgia. Mr. Hammack is a member of the Southeastern Admiralty Law Institute, South Carolina Association for Justice, State Bar of Georgia, Fort Lauderdale Mariners Club, South Carolina Bar, Trucking Industry Defense Association, Greenville County Bar Association, and Transportation Lawyers Association. He received the AV Preeminent rating from Martindale-Hubbell, denoting the highest level of professional excellence. Because we are so confident in our ability to help you, Hammack Law Firm provides legal representation on a contingency fee basis. In other words, you do not pay us one cent we secure compensation for you. Call us at (864) 326-3333 for your free consultation to discuss your options.
Types of Garbage Truck Accident Cases We Handle
Garbage truck accidents frequently involve other innocent people, but certain kinds of accidents may be single-vehicle crashes or other accidents that injure workers. Garbage trucks could be involved in many different types of automobile accidents, including:
- Blindspot accidents
- Rear-end accidents
- Jackknife accidents
- Speeding accidents
- Head-on collisions
- Improper or illegal turns
The causes of such accidents can vary, but some of the most common involve driver negligence. Specific causes include, but are not limited to:
- Inclement weather
- Driver fatigue
- Malfunctioning vehicle parts
- Lack of driver training
- Failure to maintain the vehicle
- Driving under the influence (DUI) of drugs or alcohol
A garbage truck crash could result in potentially life-altering injuries. Common injuries you could sustain in a garbage truck accident include, but are not limited to:
- Cuts and lacerations
- Fractures and broken bones
- Muscle strains
- Neck injuries
- Traumatic brain injuries (TBIs)
- Burn injuries
- Internal organ injuries
- Spinal cord injuries
Unfortunately, fatalities in garbage truck accidents are also a possibility. If you’ve lost a loved one in a garbage truck accident, you retain the right to file a wrongful death lawsuit. Contact us at (864) 326-3333 so we can help you.
Frequently Asked Questions about Garbage Truck Accidents
What should I do if I was involved in a garbage truck accident?
A garbage truck accident can be an exhausting and complicated experience. Your health should take priority. You should always make sure that you visit a hospital immediately after such a crash. Do not wait for symptoms to appear later. Make sure you get medical attention right away, so a medical record is created for that same day. It is also important that you contact the local law enforcement agency so you can have a police report relating to your accident filed.
Another valuable precaution to take at the scene of your accident is to use the camera on your cell phone to photograph everything at the scene of your crash. The more detailed pictures you take, the better your lawyer will be able to understand what happened in your accident. You should also ask people who saw the collision for names and phone numbers in case witnesses are needed to clear up any disputes over liability. Finally, contact a lawyer to walk you through the steps of filing your claim as soon as you’re able.
What kinds of compensation could I be entitled to?
There is a good chance that your injury case will be resolved through a settlement. The insurance company is more than likely going to decide that a settlement is a more economical decision than taking the case to trial. Some cases will make it to court, and people could be awarded different kinds of compensatory damages, depending on the specifics of their injuries. Compensatory damages usually come in the form of economic damages and noneconomic damages. Economic damages cover tangible costs, such as:
- Medical bills
- Lost wages
- Property damage
- Travel expenses for treatment
- Other financial costs
Noneconomic damages are far more subjective and generally do not have a quantifiable value. These awards could be for:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive damages are also possible in personal injury cases in South Carolina, but they are incredibly rare because they must be proven by clear and convincing evidence that the harm was the result of a defendant’s willful, wanton, or reckless conduct.
What is the South Carolina Tort Claims Act?
The South Carolina Tort Claims Act is found in Chapter 78 of Title 15 of the South Carolina Code. This act governs the procedure for all situations in which a person is injured because of the state, a political subdivision of the state, or an employee acting within the scope of their official duty for the state. The South Carolina Tort Claims Act places limits of $300,000 for any one individual filing suit over a single act of negligence and $600,000 recoverable for any single occurrence, regardless of the number of claimants.
Garbage Truck Accident Statistics
The Solid Waste Association of North America (SWANA) said in an April 18, 2018 press release that 2017 solid waste industry fatality data showed 132 recorded fatalities, which was an 18 percent increase in total fatalities from 2016. The deaths included 94 members of the public and 38 workers on the job, and more than 75 percent of the incidents involved a private sector solid waste company.
Of the 38 worker fatalities in 2017, SWANA reported approximately 60 percent were killed during collection, 21 percent died at a landfill, and the remainder occurred at Material Recovery Facilities, transfer stations, and other locations. Of the 94 third-party fatalities, 57 were occupants of other vehicles, 23 were pedestrians, eight were bicyclists, four were motorcyclists, and two occurred at disposal facilities.
On April 24, 2019, SWANA reported that the 59 solid waste industry workers killed on the job in 2018 in the United States and Canada was an increase of 19 fatalities from the previous year. According to SWANA, struck by incidents were the most common cause of fatalities followed by collisions and rollover incidents, and these accounted for almost 50 percent of all worker deaths.
Contact a Garbage Truck Accident Attorney in Greenville
If you sustained catastrophic injuries or lost a loved one in a garbage truck accident in Greenville or another community in South Carolina, the lawyers at Hammack Law Firm want to help you secure compensation and justice. Hammack Law Firm has helped scores of people all over South Carolina and Georgia with complex accident cases. We can explore all of your legal options with you as soon as you call (864) 326-3333 or contact us online to set up your free consultation.