Garbage Truck Accident Lawyer: City Trash Trucks, Private Haulers and the Rules That Differ

Can you sue if a garbage truck hits your car?

Yes, in the usual case. If a private hauler's truck hit you, the claim works like other commercial vehicle claims. If a city, township, borough or municipal authority's truck hit you, Pennsylvania's governmental immunity law still allows the claim, because negligent operation of a government vehicle is one of the listed exceptions, but it adds a short notice deadline and a cap on damages.

In Philadelphia, residential trash is collected by the city's Department of Sanitation, while businesses and apartment buildings often hire private haulers. In Delaware County, each township or borough decides for itself: some use their own crews and others contract with private companies. The markings on the truck, the police report and the location of the pickup usually tell you which kind of truck you are dealing with.

Municipal trash trucks: immunity, the vehicle exception and the cap

Pennsylvania starts from the rule that a local agency is not liable for injuries caused by it or its employees (42 Pa.C.S. § 8541). The exceptions are listed in § 8542, and the first is vehicle liability: the operation of any motor vehicle in the possession or control of the local agency (42 Pa.C.S. § 8542(b)(1)). A city trash truck that runs a stop sign or backs into a car fits that exception. Pennsylvania courts have often read "operation" to mean the vehicle was being moved, so injuries from a parked truck or from its equipment while stationary can raise a real immunity dispute.

Where the exception applies, damages against a local agency are capped at $500,000 in total for the same occurrence (42 Pa.C.S. § 8553(b)). Pain and suffering is recoverable only in cases of death, or permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where medical expenses exceed $1,500 (§ 8553(c)(2)). Certain insurance benefits you receive are deducted from the award (§ 8553(d)).

The biggest trap is time. Before suing a government unit, you must file a written notice within 6 months of the injury stating who was hurt, when and where it happened, and the attending physician (42 Pa.C.S. § 5522). A court can excuse a late notice for a reasonable excuse, but you should not count on that.

Private haulers: a standard negligence claim

A private waste company does not get governmental immunity just because it collects trash, and that is generally true even when it works under a municipal contract. The usual 2-year deadline applies (42 Pa.C.S. § 5524), there is no statutory cap on damages, and the company is responsible for its drivers acting on the job.

Larger private refuse trucks used in interstate commerce are commercial motor vehicles under federal rules, which brings in driver qualification and maintenance requirements. By contrast, vehicles operated by a state or a political subdivision are generally exempt from the federal motor carrier safety rules (49 CFR § 390.3(f)(2)), though the federal drug and alcohol testing rules still reach government employers of drivers who need a commercial license (49 CFR § 382.103).

How garbage truck crashes happen

Refuse trucks start and stop constantly, often before sunrise, on narrow residential streets. Common crash patterns include:

• Backing down a block or alley with no spotter and a blind rear view.
• Pulling away from a stop into a passing car or cyclist.
• Right-side collisions, since some trucks are driven from the right-hand seat.
• Pedestrians struck while walking past a stopped truck, or workers riding on the rear step thrown when the truck moves.
• Hydraulic arms and loaders swinging into traffic or parked cars, and debris falling from an overloaded or open body.

Evidence and injuries

Many fleets, public and private, run GPS and route-tracking systems and cameras that record backing and stops. Municipal records can be sought through a claim or lawsuit and sometimes through a public records request. A preservation letter should go out quickly in either case.

Garbage trucks are heavy, and crashes with them cause crush injuries, fractures, spinal and head injuries. Pedestrians and cyclists are at particular risk. If you were a sanitation worker hurt on the job, workers' compensation is usually your main remedy against your employer, though a claim against another at-fault driver may also be possible.

What to do now

Photograph the truck, its number and any city, township or company name. Note the time and the block. If the truck may be government-owned, talk to a lawyer well before the 6-month notice window closes.

Warren I. Siegel, Esq., a Pennsylvania attorney since 1992, handles these cases on a 100% contingency fee. There is no attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. Call (267) 412-4601 or send the free case review form.