How to File a Lawsuit for Garbage and Refuse Truck Accidents in Indiana

Garbage and refuse trucks are some of the most dangerous vehicles on Indiana roads. Weighing up to 60,000 pounds when fully loaded, these massive trucks navigate narrow residential streets, alleys, and school zones early in the morning. When an accident occurs, victims are often left with catastrophic injuries. Determining who to sue depends entirely on whether the truck was owned by a private waste management company or a local city government. Navigating the strict deadlines for municipal vehicles is tricky, but you can find a qualified local attorney in our directory to manage the paperwork and protect your rights.

Common Causes of Refuse Truck Accidents

Garbage trucks operate differently from standard commercial semis. Their unique design and operational routes create specific hazards for pedestrians, bicyclists, and passenger cars.

Blind Spot and Backing Up Collisions

Refuse trucks have enormous blind spots (no-zones) directly behind them and along their right sides. Because they frequently have to back out of tight alleys or reverse down dead-end streets, backing up collisions are incredibly common. If a driver fails to use a spotter or ignores their rearview cameras, they can easily crush a smaller vehicle or strike a pedestrian walking on the sidewalk.

Falling Debris and Hydraulic Failures

Garbage trucks are loaded with loose, heavy waste. Under Ind. Code § 9-21-8-48, all vehicles must properly secure their loads to prevent items from escaping. If a truck hits a pothole and debris flies out, smashing your windshield, the company is liable. Furthermore, these trucks rely on heavy hydraulic arms to lift dumpsters. If poor maintenance causes a hydraulic failure, the dumpster can swing uncontrollably or drop onto a nearby car.

Private vs. Municipal Garbage Trucks

The most important step in an Indiana garbage truck case is identifying the owner. Private companies (like Waste Management or Republic Services) handle waste in many suburban areas, while city-run departments handle trash in major metropolitan centers.

Suing a Private Waste Company

If you are hit by a private refuse company's truck, the process follows standard Indiana personal injury rules. You have two years to file a lawsuit, and your lawyer will deal directly with the company's commercial insurance provider. Cases against private corporations are typically filed in standard civil courts, such as the Lake County Superior Court, Crown Point or the Monroe County Circuit Court, Bloomington.

The 180-Day Notice for Municipal Trucks

If the truck that hit you is owned by a city or county-for example, the Indianapolis Department of Public Works (DPW)-the rules change drastically. You cannot simply file a lawsuit. Under the Indiana Tort Claims Act (ITCA), Ind. Code § 34-13-3-8, you are required to submit a formal Notice of Tort Claim within exactly 180 days of the accident. This notice must outline the facts of the accident, the damages sought, and the specific government entity at fault in accordance with Ind. Code § 34-13-3-10. Rather than serving state officials, you must deliver this notice directly to the governing body of the political subdivision, such as the City of Indianapolis Office of Corporation Counsel, Indianapolis or the relevant city clerk. A strong precedent showing how courts strictly enforce notice requirements against government entities can be seen in cases like Oshinski v. Northern Indiana Commuter Transportation District, 843 N.E.2d 536 (IN Court of Appeals 2006).

Step-by-Step Process in Indiana

• Step 1: Seek Medical Care and Document the Scene: Take photos of the truck, paying special attention to any municipal seals or corporate logos on the door.
• Step 2: Hire an Attorney Quickly: Because the 180-day ITCA deadline approaches rapidly, do not delay.
• Step 3: File the Tort Claim Notice: If a city truck is involved, your lawyer submits the ITCA notice. The government then has 90 days to approve or deny your claim.
• Step 4: File a Lawsuit: If the government denies the claim (which they almost always do), or if you are dealing with a private company that refuses a fair settlement, your lawyer will file a formal lawsuit in civil court.

Costs and Legal Limits

Attorneys for these cases work on a contingency fee, usually taking around 33% of the settlement. If you are suing a municipal garbage truck, be aware that the Indiana Tort Claims Act caps the maximum amount you can recover. Under Ind. Code § 34-13-3-4, damages against a government entity in Indiana are capped at $700,000 for a single person's injury or death. Private companies do not have this cap and generally carry multi-million dollar commercial policies.

Frequently Asked Questions (FAQ)