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What to Do If You’re Hit by a City Sanitation Truck: Your Legal Rights Explained

What to Do If You’re Hit by a City Sanitation Truck: Your Legal Rights Explained

07 Jan 2025

9 min

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Joshua Mack Lockamy

Lawyer

Introduction

New York City’s streets are constantly busy, and sanitation trucks are an essential part of keeping the city clean. However, these large, heavy vehicles can pose a serious risk to drivers and pedestrians alike. If you’ve been hit by a city sanitation truck, you may be left wondering about your legal options. Can you sue the city? Who is responsible for your damages?

At Lockamy & Associates, we understand the complexities of cases involving city-owned vehicles. Here’s what you need to know about protecting your rights and pursuing compensation.

Introduction

Can You Sue the City of New York After a Sanitation Truck Accident?

The short answer is yes, but suing the city involves unique challenges compared to a typical car accident case. Claims against government entities fall under the New York Court of Claims Act, which includes specific procedures and deadlines you must follow.

Can You Sue the City of New York After a Sanitation Truck Accident?

Filing a Notice of Claim

To sue the City of New York, you must first file a Notice of Claim within 90 days of the accident. This is a formal notification to the city that you intend to bring a lawsuit. The notice must include:

• The date, time, and location of the accident.

• A description of what happened.

• The injuries and damages you sustained.

If you fail to file the Notice of Claim within the required time frame, you may lose your right to pursue compensation.

Filing a Notice of Claim

Proving Your Case Against a City Vehicle

Accidents involving city sanitation trucks operate similarly to private sector cases in terms of proving negligence. To win your case, you must show that:

1. The driver was negligent: For example, they may have been speeding, driving distracted, or failing to yield the right of way.

2. The negligence caused your injuries: You must demonstrate that your injuries directly resulted from the driver’s actions.

City vehicles, like all others, must adhere to traffic laws. Failure to do so constitutes negligence, making the city potentially liable for your damages.

Proving Your Case Against a City Vehicle

Types of Compensation You May Be Entitled To

If you’ve been injured in an accident with a city sanitation truck, you may be eligible for compensation for:

• Medical Bills: Including emergency care, surgeries, therapy, and ongoing treatment.

• Lost Wages: Compensation for income lost due to time off work.

• Pain and Suffering: Physical pain, emotional trauma, and diminished quality of life.

Types of Compensation You May Be Entitled To

Serious Injuries Required for Claims Against the City

To file a claim under New York’s laws, your injuries must meet certain thresholds of severity. Common qualifying injuries include:

• Permanent loss of a bodily function.

• Significant disfigurement or scarring.

• Traumatic brain injuries or spinal cord damage.

• Emotional and psychological distress, such as PTSD.

These standards ensure that only serious injury claims are brought against the city.

Serious Injuries Required for Claims Against the City

Why You Need an Experienced Attorney

Claims involving city-owned vehicles are highly complex. The city will likely have a team of lawyers and insurance adjusters working to minimize their liability. That’s why having an experienced personal injury attorney on your side is critical.

At Lockamy & Associates, we have extensive experience handling cases involving municipal liability. We’ll:

• Ensure your Notice of Claim is filed correctly and on time.

• Investigate the accident thoroughly, gathering evidence like surveillance footage and driver records.

• Build a strong case to hold the city accountable for your injuries.

Why You Need an Experienced Attorney

Steps to Take After Being Hit by a Sanitation Truck

1. Seek Medical Attention Immediately: Your health is the top priority. Even if injuries seem minor, get evaluated by a doctor.

2. Document the Scene: Take photos of the accident, including vehicle damage, road conditions, and any visible injuries.

3. Get Witness Information: Collect names and contact details of anyone who saw the accident.

4. File a Police Report: This will provide an official record of the incident.

5. Contact an Attorney: Consult with a lawyer experienced in city liability cases to ensure your rights are protected.

Steps to Take After Being Hit by a Sanitation Truck

How Lockamy & Associates Can Help

At Lockamy & Associates, we understand the unique challenges of pursuing a claim against the City of New York. From filing the necessary paperwork to negotiating with the city’s legal team, we’ll be by your side every step of the way.

Contact us today for a FREE consultation. If you’ve been injured by a city sanitation truck, don’t wait—your time to act is limited. Let us help you get the compensation you deserve.

How Lockamy & Associates Can Help

Lockamy & Associates

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