Garbage and recycling trucks are common on the roads of Lancaster, SC, and other South Carolina cities and towns. The City of Lancaster Solid Waste and Recycling runs many trucks, while private companies operate others. Unfortunately, when a garbage truck is involved in a collision with a car, a person on foot, or a bicyclist, these heavy trucks can cause catastrophic injuries.

If you have suffered serious injuries in a garbage truck accident, you may be entitled to seek compensation for your medical bills and other accident expenses. Those potentially liable may include the garbage truck driver and the private company or local government that put the truck on the road.

The potential involvement of a governmental entity and the seriousness of injuries make garbage truck accident claims complicated. Personal injury attorney David Blackwell will take the time to understand how the accident happened and what it has cost you. Then, he will craft a tailored legal strategy to pursue full and fair compensation to meet your needs.

David Blackwell Law will be in touch with you regularly to ensure that you are up to date on the progress of your personal injury claim and will guide you through important decisions in your case. We work tirelessly to obtain maximum compensation for you, all the while supporting you with compassion and respect.

Learn more about how a garbage truck accident lawyer in Lancaster can assist you after an accident. Contact David Blackwell Law for a free legal consultation about your accident and injury claim.

We serve clients across South Carolina, including Indian Land, Fort Mill, and Rock Hill.

What Do I Do After an Accident with a Garbage Truck in Lancaster, SC

After being involved in a garbage truck accident, the two most important things to do are to get medical care and contact an experienced personal injury lawyer. Immediately after an accident, you or a companion should:

  • Check for injuries and call 911 to summon emergency responders.
  • Get medical care immediately or within 24 hours. Having your injuries treated is essential for your well-being and will document the seriousness of your injuries. If you have a personal injury case, it will be based primarily on your injuries and medical expenses. Be sure your doctor knows you were in an accident with a garbage truck
  • Gather evidence. Preserve evidence, such as photos of the accident scene, vehicle damage, and any visible injuries. Get photos of company or city government signage on the garbage truck and any vehicle registration numbers visible. Obtain witnesses’ names and phone numbers.
  • Contact your insurer. You need to notify your insurance company promptly but you do not have to file a claim right away. Let them know what happened but decline to provide a recorded statement until you have spoken with a lawyer.
  • Follow through with medical care. Follow your doctor’s treatment plan and attend all follow-up appointments.
  • Preserve accident-related documents. Keep a file of everything related to your accident and injuries, including the police report, medical records, medical bills, insurance correspondence, vehicle repair estimates, and receipts. These documents will help your attorneys evaluate the compensation required to make you whole.
  • Stay Off Social Media. Resist the temptation to discuss the accident or your injuries on social media. Insurance companies may use your posts to argue that your injuries are less severe than you claim and dispute your claim.
  • Contact a personal injury attorney. If you consult with David Blackwell Law, the personal injury law firm can protect your interests as we handle all aspects of your accident claim. David Blackwell will seek maximum compensation for you while you focus on your medical care and recovery.

Can I File a Lawsuit After Being Injured by a Garbage Truck?

If you have been injured because of someone else’s negligence, recklessness, or criminal behavior, you have a right to seek compensation for your losses.

David Blackwell Law will investigate your garbage truck accident to determine how the accident occurred and who was at fault. In most personal injury cases involving motor vehicles, one driver has made an error that caused the accident. If this is true in your case, the garbage truck driver and/or their employer may be financially liable for your injuries. Employers may be held responsible for the actions of their employees. Sometimes, a mechanical failure causes a garbage truck to crash. In such cases, the truck’s owner may be legally responsible for injuries.

We would present a private garbage collection company and its insurance company with a demand letter detailing the compensation you are owed and our evidence to support your claim. If they do not agree to an appropriate settlement, we would then file a personal injury lawsuit in your name, asking the courts to compel the company to compensate you for your losses.

If a governmental entity such as the City of Lancaster operated the garbage truck involved in your accident, the claim is governed by the South Carolina Tort Claims Act (SCTCA). This law allows S.C. residents to sue local governmental entities in certain circumstances. Individual government employees cannot be held personally liable for accidents that occur while they are on the job.

The SCTCA requires a wrongfully injured party to file a verified claim for damages with the governmental entity within one year of the accident and allows two years from the accident date to file a lawsuit. The government has 180 days from receipt of the initial claim to determine whether the claim should be allowed. Under the law, David Blackwell Law would be able to file a lawsuit on your behalf as soon as any of these events have occurred:

  • 180 days have passed since you filed a verified claim for damages.
  • The governmental entity has denied your claim.
  • The governmental entity has rejected a settlement offer.

However, the SCTCA has many exemptions under which a governmental entity is not liable for an accident. One is that local governments are not responsible for losses caused by improperly maintained roads or missing road signs, guardrails, or traffic signals unless the governmental entity fails to address the problem within a reasonable time. It would be up to the court to determine whether the government had a reasonable time to correct the problem.