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First Question: Who Owns the Truck?
Before anything else about a garbage truck crash, establish whether the vehicle belongs to a municipality or to a private waste company. The answer changes the deadline, the procedure, and the maximum recovery.
If a city, county, or other government body operated the vehicle, the claim is governed by Fla. Stat. § 768.28. That requires written pre-suit notice to the agency and generally to the Department of Financial Services, on a timetable considerably shorter than the ordinary two-year limitations period. An investigation period follows during which suit generally may not be filed, and sovereign immunity caps limit recovery.
Failure to give proper notice is usually fatal to the claim, independently of the limitations period. This is the single most common way a legitimate garbage truck claim is lost, and it can happen while a family is still dealing with the injury.
Private waste companies are ordinary defendants with ordinary deadlines and no cap. Livery and vehicle markings are the fastest way to tell, but contracted operators sometimes run vehicles for municipalities, so confirm rather than assume.
How Garbage Trucks Fail
- Backing collisions — the defining hazard. These vehicles reverse constantly on residential streets, frequently with a worker on foot behind them.
- Worker strikes, where a collection crew member on the ground is struck by their own vehicle or by passing traffic.
- Pedestrian and cyclist collisions, since collection routes run where people walk, often at dawn when visibility is poor.
- Wide turns on narrow streets, sweeping the vehicle across parked cars and pavements — see Wide-Turn Accidents.
- Frequent unexpected stops, which following drivers misjudge.
- Blind spots made worse by the body and rear loading mechanism.
- Falling debris from an overloaded or uncovered hopper.
- Hydraulic and compactor incidents, injuring workers and occasionally bystanders.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
Who Is Liable
| Potentially Liable Party | Typical Basis for Liability |
|---|---|
| The driver | Unsafe backing without a spotter, speed on residential streets, failure to yield to pedestrians |
| Private waste company | Vicarious liability, plus negligent hiring, training, supervision, and maintenance |
| Municipality or county | Where the vehicle is government-operated — subject to Fla. Stat. § 768.28 notice requirements and caps |
| Contracted operator | Where a private company runs collection under municipal contract, which can involve both |
| Equipment manufacturer | Defective backing cameras, alarms, or compactor safety systems |
| Maintenance provider | Brake, camera, and alarm maintenance on heavily used vehicles |
Florida applies modified comparative negligence under Fla. Stat. § 768.81: you recover as long as you are not more than 50% at fault, with the award reduced by your share. The two-year limitations period for negligence claims arising after March 24, 2023 applies (Fla. Stat. § 95.11(5)(a)), and PIP under Fla. Stat. § 627.736 requires treatment within 14 days. Where a government entity is involved, those ordinary rules sit alongside the shorter notice requirements above rather than replacing them.
If a city truck was involved, the notice deadline is already running.
Shiner Law Group offers free case reviews for Florida garbage truck crash victims and families — 24/7, no fee unless you win.
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What to Do After a Garbage Truck Crash
- Photograph the vehicle livery, unit number, and any municipal or company markings — this determines which deadline applies.
- Establish immediately whether the operator is a government body, and get advice about the notice deadline without waiting.
- Ask neighbors about doorbell and security cameras, which frequently captured the maneuver.
- Get medical care immediately — Florida’s PIP statute (Fla. Stat. § 627.736) requires initial treatment within 14 days to access your $10,000 in benefits.
- Call law enforcement and get the crash report number.
- Photograph the vehicle and its markings, including the DOT number and any company name or livery.
- Photograph the load and how it was secured, before anything is moved.
- Get witness contact information before traffic clears.
- Do not give a recorded statement to the trucking company’s insurer before speaking with an attorney.
- Act quickly on evidence — camera footage and electronic data are overwritten within weeks.