Another hurdle that can come up in New Jersey garbage truck accidents is proving that the truck driver was negligent. Before an accident victim can recover compensation for their accident-related injuries, they must prove that the other party was at fault. This is often done by presenting evidence that the other driver violated a traffic law or was otherwise negligent.
When it comes to trash truck accidents, this can be a little more challenging. Depending on the type of truck, most garbage trucks have to pull up close to the curb to collect a resident’s trash. However, doing so may be impossible if the driver is constrained by the normal traffic rules. Thus, some cities and states don’t require trash truck drivers to follow all the rules of the road.
For example, a garbage truck may be allowed to do any of the following:
Drive the wrong way down a one-way street;
Drive or stop in a bike lane;
Drive on the wrong side of the street; or
Straddle the center median.
Understandably, when a garbage truck engages in any of these permitted – but dangerous – actions, it catches other drivers, pedestrians, and bicyclists off guard. However, if the garbage truck driver is allowed to drive down a one-way road, it may be difficult to prove that they were negligent in doing so.
A related issue involves the potential fault of the accident victim. Every state has different rules when it comes to determining which accident victims can recover financial compensation for their injuries. Most states use a form of comparative fault, which allows partially at-fault accident victims to recover from other at-fault parties at a reduced rate. For example, assume a pedestrian is hit by a trash truck and suffers $300,000 in damages. If the jury were to find that the pedestrian was 30 percent at fault because they were not looking where they were going at the time of the accident, the pedestrian would only recover $210,000 (the total amount of damages, less 30 percent).
Given the complexities involved in these cases, those who have recently been injured in a trash truck accident should reach out to a dedicated New Jersey personal injury lawyer for assistance on the type and amount of compensation you are eligible to recover.