You Don’t Pay Unless We Recover On Your Behalf
Hablamos Español | Free Confidential Consultations
(804) 821-0090
Garbage trucks are so common that people rarely notice them as they go about their daily lives. Whether they are the neighborhood trucks that pick up individual cans or the front loader type that lifts commercial dumpsters, garbage trucks gather trash and haul it away every day. Unfortunately, they are also often responsible for accidents due to their size and their start-and-stop mode of travel.
After garbage truck accidents in Richmond, you may face problems besides recovering from your injuries. Depending on who owns the truck or who contracted with the company, they may be protected under state law. This affects your ability to recover in a lawsuit. The truck wreck attorneys at Latham & Martin could help you file your legal claim promptly and avoid missing the legal deadlines to pursue the compensation you need after an accident.
In Virginia, there are three types of waste management companies. Where you live and who is responsible for the garbage truck make a difference in how your insurance claim is handled.
Private waste management companies are usually hired by private entities such as HOAs or apartment complexes. They are liable under ordinary negligence doctrines. The HOA cannot be included unless they knew the company was negligent and continued to use them.
If the city or county picks up your trash, some functions (governmental functions) are covered under the VTCA, while others (proprietary functions) are not. In most cases, you have six months to file a claim under the VTCA.
If the truck was operated by the Commonwealth of Virginia (such as a VDOT truck), your claim falls under the VTCA. You may have up to a year to file a claim.
These deadlines and other requirements mean that you should consult a Richmond attorney as soon as possible if you were injured in a collision with a garbage truck.
You may not know immediately who is responsible for a Richmond garbage truck crash. It is important to gather as much information as you can at the scene of the accident. Your attorney will need:
Filing against the city or commonwealth is different than filing an ordinary insurance claim. Under the VTCA, the city or commonwealth investigates your claim and will pay if they believe it is valid. Only when they dispute your claim can you proceed to court. If you miss the filing deadline, you will be barred from any future filing.
The deadlines for city, county, and commonwealth accidents are inflexible. After garbage truck accidents in Richmond, the window for filing a claim is very narrow. You must make your claim as soon as possible.
The attorneys at Latham & Martin could help you file within that deadline so the government can start reviewing your case. We ensure that you include all the necessary paperwork to avoid having your claim delayed or denied for lack of supporting evidence. Call us today for a free case review.