New Mexico Garbage Truck Accident Lawyer
Garbage trucks are a mainstay in New Mexico and throughout the country. Unfortunately, people can and do incur serious harm or even death at the hands of these vehicles every year. If you or a loved one suffered injuries in an accident with a garbage truck, contact Fine Law Firm to schedule a free evaluation of your case.
Why Choose Fine Law Firm?
- Our firm has over 40 years of experience in truck accident law, maintaining a 99% success rate.
- We offer contingency-fee billing. You will never owe any attorney’s fees unless we win a settlement on your behalf.
- Our attorneys prioritize the needs of the client above all else. We will even reduce our fees if it means you will receive a fair compensation amount.
- We are leaders within our communities. We often speak at local law schools and for the local Bar Association.
The Dangers of Garbage Trucks
Garbage trucks, like all other commercial motor vehicles, must abide by rules and regulations set forth by the Federal Motor Carrier Safety Administration. Specifically, operators must identify and complete repairs that could affect a truck’s performance or endanger the public. A recent 4-month investigation by KRQE in Santa Fe found that city officials displayed a blatant disregard for the rules and routinely put unsafe trucks on the road, and its citizens in harm’s way. Some truck drivers reported that the units had leaking oil, faulty gauges, inadequate brakes, and bad tires. Still, the city allowed them on the roads.
Garbage trucks present a unique hazard, especially when they have hydraulic arms that automatically empty garbage. They can malfunction, clip passing cars, or seriously injure the workers. Though garbage trucks may be slow-moving, they have plenty of hazards that could present risk of harm to the average passerby.
The No Zone
Trash trucks in New Mexico have large blind spots, or areas where the garbage truck driver is unable to see the surrounding roadway. This is known as the “No Zone.” Major blind spots can make it excessively difficult for the truck driver to see nearby vehicles and road users. Bicyclists and pedestrians are especially at risk since garbage trucks operate on residential roads.
High Centers of Gravity
Garbage trucks are designed with high centers of gravity, like other commercial trucks. Unfortunately, this makes it easier for trash trucks to turn onto their sides and roll over. If a driver navigates a turn or downhill too quickly, the truck may tip over and cause an accident.
Frequent Backing
To navigate narrow alleyways and residential roads in New Mexico, a garbage truck often has to reverse. Frequent backing, however, increases the risk of accidents due to the large blind spots. Surrounding vehicles or individuals may be crushed or struck by the truck if the driver reverses suddenly or without looking.
Who Is Liable in a Garbage Truck Accident?
Determining liability in an accident is one of the first steps in recovering fair compensation for injuries. Several factors may come into play when finding the party responsible.
- Who is in charge of maintaining a garbage truck?
- Do waste disposal services come from the city or a private company?
- Did the accident occur from driver error?
Garbage truck accidents often involve claims against municipal bodies. As such, they require special legal processes like filing a notice of claim, following a unique statute of limitations and adhering to stricter filing deadlines. An attorney plays an essential role in filing claims against government entities.
Types of Compensation in Garbage Truck Accidents
A personal injury case that is filed after a garbage truck accident in New Mexico could compensate a victim for a variety of economic and non-economic damages. The goal of the claim will be to “make the victim whole again.”
Financial compensation awarded in a settlement or judgment may include:
- Present and future medical care and hospital bills
- Ongoing care, therapies or rehabilitation
- Lost wages, income and earning capacity
- Temporary or permanent disability
- Pain and suffering (physical and emotional)
- Property damage repairs or replacement
- Wrongful death damages, if applicable
- Punitive damages, in rare cases
The specific damages available, as well as the value of the total settlement, will depend on the individual case. If you wish to discuss the potential value of your specific claim in Albuquerque, you need to contact an attorney.
What Is the Time Limit on a Garbage Truck Lawsuit in New Mexico
Most personal injury claims in New Mexico must be filed within three years of an automobile accident, according to the state’s statute of limitations. However, garbage truck accident cases are unique because the defendant is often a government agency.
In Albuquerque, city trash trucks are owned by the City of Albuquerque’s Solid Waste Management Department. This is a municipal government entity. A claim brought against the government must be prefaced by a Notice of Intent to Sue, which must be filed in New Mexico within just 90 days of a harmful accident.
If you wish to file a claim following a trash truck accident in Albuquerque, it is important to act quickly. If you wait too long, you risk missing your statute of limitations and losing the right to hold a government agency accountable. Contact our local attorneys right away to learn your legal rights at no cost or obligation to hire us.
Contact Us Today for Help
Garbage truck accidents are often serious and can involve permanent or life-threatening injuries. When a garbage truck accident occurs as the result of driver or employer error, grounds for a personal injury claim may exist. If you or a loved one recently suffered injuries in an accident involving a garbage truck, contact us today and schedule free initial consultation to review your legal options.