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Garbage Truck Accident Wrongful Death Claims in North Carolina

In This Article

garbage truck unloading cans

Sanitation workers spend their days beside heavy trucks, moving traffic, and equipment that can cause catastrophic injury or even death. When someone is severely injured or killed on the job, it can be difficult for a family to pin down who is responsible and hold them accountable. Maginnis Howard has experience representing families in complex wrongful death cases, including a recent case in which a garbage truck operator was killed by a negligent employee from another company. If you have lost a loved one in a garbage truck accident, contact our experienced wrongful death attorneys for support.

Why These Accidents Happen

Large trucks of any kind are inherently dangerous to those around them. Garbage trucks, in particular, require workers to be in close proximity to dangerous machinery in a vehicle with limited visibility. They are often outside their vehicles. The most common causes of garbage truck injuries and deaths include:

  • Backing up and blind spots. Large trucks and heavy equipment have limited rear visibility. Workers on foot are often just outside the driver’s line of sight.
  • Workers on the ground near moving vehicles. Loaders, spotters, and drivers who step out to work levers or hoppers are exposed to every other vehicle on the site or road.
  • Roadside work. Curbside pickup and utility work put crews next to live traffic, often early in the morning or in poor light.
  • Distraction and fatigue. Phone use, long routes, and tight schedules cut the margin for error.
  • Training, supervision, and maintenance gaps. Backup alarms, cameras, and spotters only help if they work and are utilized properly. Recklessness and inexperience are potentially fatal when dealing with garbage trucks and other large utility vehicles.

In any of the above causes, somewhere along the way, someone acted negligently to contribute to an accident.          

Workers’ Compensation Is Not Always the Whole Story

Most employees injured or killed on the job are covered by workers’ compensation, which pays medical bills, provides partial wage replacement, and offers death benefits to eligible family members. With some limited exceptions, it is typically the only viable claim a worker can bring against their employer. But in North Carolina, workers’ comp does not cover everyone who may share the blame. If someone other than the employer helped cause the death or serious injury, the family may be able to bring a separate wrongful death claim against that party. Other possible liable parties include:

  • A driver or equipment operator employed by a different company or agency.
  • A contractor, landfill, or property owner who controlled the work site.
  • A manufacturer or maintenance provider, if a safety system or equipment failed.
  • A motorist who struck a worker on the road.

These third-party claims can recover damages that workers’ comp does not, and they often turn on who had control of the site, who trained and supervised the people involved, and what safety rules were ignored. Workers’ comp insurers may also have a right to be repaid from a third-party recovery, so the order and strategy of these claims matter.

When a city, county, or other government body is involved, additional rules such as governmental immunity can come into play. These cases require careful early analysis.

A Case We Handled: Third-Party Fault at a Landfill

Our firm recently settled a wrongful death case for the family of Thomas Thompson, a garbage truck operator who was struck and killed by another employee at a Winston-Salem landfill. The employee who struck and killed him, Brycen Burcham, was on the phone with his girlfriend at the time. Burcham had called her 94 times that workday and had an extensive history of negligent driving.

The case included multiple defendants, including two other city employees at the site. The defendants fought hard, raising governmental and official immunity defenses and disputing liability. After nearly two years of litigation, including depositions, document discovery, and six motion hearings, the case settled for $1.25 million, despite considerable governmental immunity issues.

What Causes Credit Report Errors?

Credit report errors can occur in several ways. For one, the rise of artificial intelligence means data scrapers, and not humans, are compiling vast amounts of information. Machines sometimes identify two people with similar names and lump data into one person’s report. Other causes of credit report errors include data entry mistakes, out-of-date account information, incorrect public records merging, and identity theft.

What Families Can Do Now

If your family has lost someone in a truck-related workplace accident, a few early steps can protect your options:

  • Do not give a recorded statement to an insurance adjuster or company representative before speaking with a lawyer.
  • Preserve evidence. Keep photos, texts, pay stubs, and anything your loved one said about the job, the truck, or safety concerns. Ask the employer in writing to preserve truck data, camera footage, and maintenance and training records.
  • Note who was on site. Names of coworkers, drivers, spotters, and supervisors can matter later.

Hire an attorney. An experienced truck accident lawyer can guide you through the legal process, protect your rights and deadlines, and deal with insurers and employers so your family can focus on healing.

Contact Maginnis Howard

Maginnis Howard represents families and injured workers across North Carolina in wrongful death and serious injury cases, including those involving garbage trucks.  If you have questions about your rights, call us for a free, confidential consultation. We can review what happened, explain your options, and help you decide what comes next.

 

Maginnis Howard stands up to insurance companies and large corporations on behalf of families who have lost a loved one in a wrongful death or been hurt in a workplace accident, including accidents involving garbage trucks. We offer free consultations for all North Carolina personal injury and wrongful death cases, and we handle these claims on a contingency basis, so you pay attorneys’ fees only if we recover money for your family. Call us at (919) 526-0450 or contact our Raleigh, Charlotte, or Fayetteville office today.

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