Most cities and counties across the United States provide waste pick-up services for residents. However, the specifics of how to set up these services are left up to the states. It is common for states to provide garbage pick-up services through a division of the county or city government. However, other states contract waste removal services out to a private business. This distinction can be very important when it comes to recovering after a garbage truck accident.
In most states, government entities are protected to some extent by government immunity rules. Government immunity is a legal doctrine that may prevent a government entity from being held liable for someone’s injuries. Every state’s government immunity rules are slightly different and are typically contained in a state’s “Tort Claims Act.”
For example, some states allow accident victims to pursue a wide variety of cases against the government but cap, or limit, the amount of damages that the injured party can receive. Other states limit the type of cases that an accident victim can bring against the government. And some states limit the type of cases as well as the available damages.
Given this reality, finding out whether the waste removal company was a public or private entity is an important first step in pursuing a garbage truck accident claim. The next step would be reviewing the state’s government immunity rules to see whether a claim is viable.