What Happens If You’re Injured by a Garbage Truck in Brooklyn?

If you’re injured by a garbage truck in Brooklyn, the legal path forward depends entirely on who owns that truck. If it belongs to the New York City Department of Sanitation (DSNY), you face a strict, non-negotiable 90-day deadline to file a formal Notice of Claim with the city. Missing this window permanently bars you from recovering any compensation. If a private trade waste hauler (a commercial garbage truck) is involved, standard negligence laws typically apply, giving you a three-year statute of limitations to file a lawsuit.

This is a hard reality for many, especially when you consider that Brooklyn frequently leads the city in commercial vehicle accidents. These are not standard car accidents, as they involve difficult factors like massive corporate entities, special legal protections for government bodies known as sovereign immunity, and layers of commercial insurance designed to minimize payouts.

Despite these difficulties, New York law provides a clear avenue for victims to pursue significant compensation for their medical costs, lost wages, and pain and suffering when negligence is proven. The key is to act correctly and quickly, with guidance from an experienced Brooklyn truck accident attorney.

If you are unsure whether the truck that struck you was public or private, or if you are approaching the 90-day window, call The Rothenberg Law Firm LLP immediately at (866) 771-4988 for a free consultation.

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A Key Distinction: Public (DSNY) Vs. Private Trade Waste

The logo on the side of the garbage truck that injured you determines your entire legal journey. New York City operates a dual-system for waste collection

The Department of Sanitation (DSNY)

The DSNY is the city agency responsible for collecting residential trash from homes and apartment buildings. If you were hit by one of their distinct white trucks, you are not suing a private company; instead, you are making a claim against the City of New York itself.

To sue the city, you must first overcome a legal principle called sovereign immunity. This requires following a rigid procedure that begins with filing a Notice of Claim. You have only 90 days from the date of the injury to file this document.

After the notice is filed, the city has the right to demand a special hearing, known as a General Municipal Law 50-h hearing, where you will be questioned under oath about the accident and your injuries. This is a formal proceeding that occurs before a lawsuit is ever filed. Failure to comply with these steps will almost certainly result in the dismissal of your case.

Private Sanitation Companies (The Trade Waste Industry)

All commercial businesses in Brooklyn, including restaurants, offices, retail stores, and construction sites, must hire private companies to haul their waste. You’ll recognize names like Action Carting, Royal Waste, or Five Star Carting on these trucks. These are for-profit businesses, and the industry is intensely competitive.

Unfortunately, this profit-driven model creates a significant safety gap. Investigations have shown that private sanitation companies have a troubling history of safety violations and accidents. Research from the Transform Don’t Trash NYC coalition noted that crashes involving the 20 largest private haulers in the city nearly doubled over a two-year period.

A claim against a private hauler proceeds like a standard civil lawsuit. However, you are not up against an individual driver. You are facing a large corporation and its insurance company, both of which have aggressive legal teams dedicated to defending their interests.

Establishing Liability: Why Garbage Truck Accidents Happen in Brooklyn

A 60,000-pound garbage truck operating on the narrow, congested streets of Brooklyn is inherently dangerous. When these trucks cause injuries, it is rarely a true accident. More often, the incident is a predictable outcome of systemic failures and negligence.

Maintenance Failures 

Public data on New York City’s private sanitation industry shows a clear pattern: most safety violations for large trash haulers stem from poor vehicle maintenance, while only a small fraction relate to driver fitness. In some analyses of federal inspection records, the majority of cited violations fall into the vehicle-maintenance category, and private sanitation trucks in NYC have out-of-service rates roughly twice the national average for commercial vehicles. In practical terms, a significant share of inspected trucks are flagged as unsafe to operate.

This points directly to negligence on the part of the company, not just the driver. Common maintenance-related causes of accidents include:

• Brake Failure: Faulty or poorly maintained brakes are a frequent violation.
• Bald Tires: Worn tires drastically reduce a truck’s ability to stop, especially in wet conditions.
• Broken Signals and Lights: Inoperable turn signals or brake lights easily cause collisions.

When a mechanical failure causes an accident, the hauling company is held directly liable for negligent maintenance. Our firm focuses on securing maintenance logs, inspection reports, and repair records to build this part of the case.

Blind Spots and Backing Up

Garbage trucks have massive blind spots, particularly in the rear and on the sides. This poses a severe threat to pedestrians and cyclists, who easily disappear from the driver’s view. The law requires commercial drivers to exercise a high degree of care to account for this danger. If a driver backs up and strikes a pedestrian without using a spotter or relying on a functioning backup camera, it is strong evidence of negligence.

This is particularly relevant in densely populated Brooklyn neighborhoods with heavy foot traffic, such as Bedford-Stuyvesant, Bushwick, or Prospect Lefferts Gardens, where pedestrians are constantly navigating around parked vehicles and active roadways.

Reckless Operation & Fatigue

The pressure to complete long, demanding routes leads to reckless driving. Private sanitation workers sometimes work grueling shifts of 10 to 14 hours, frequently overnight, which leads to dangerous fatigue. This manifests as speeding, running red lights, or making improper turns.

Under a legal doctrine known as respondeat superior, employers are generally held responsible for the negligent actions of their employees while they are on the job. This means the sanitation company is legally and financially liable for its driver’s recklessness.

New York’s Insurance and Compensation Laws

After being struck by a garbage truck, you will interact with New York’s specific set of insurance laws. These rules determine how your initial bills are paid and what you must prove to recover money for your pain and suffering.

No-Fault Insurance (PIP)

New York is a No-Fault state. If you are a pedestrian or cyclist hit by a garbage truck, the truck’s insurance is responsible for paying the first $50,000 of your medical bills and lost wages, regardless of who was at fault. This coverage is also called Personal Injury Protection (PIP).

While this sounds straightforward, insurance carriers sometimes delay or deny these payments, creating immense financial pressure on injured victims. An attorney intervenes to ensure these benefits are paid promptly while your larger claim is pending.

The “Serious Injury” Threshold

To step outside the No-Fault system and file a lawsuit for non-economic damages—commonly known as pain and suffering—your injury must meet the serious injury threshold as defined by New York Insurance Law § 5102(d). A serious injury includes conditions such as:

• Fractures
• Significant disfigurement
• Permanent loss of use of a body organ or member
• Significant limitation of use of a body function or system
• An injury that prevents you from performing daily activities for 90 out of the 180 days following the accident

Due to the massive size and weight of garbage trucks, injuries sustained in these accidents are rarely minor and almost always satisfy this legal threshold.

Comparative Negligence

What happens if you were partially at fault for the accident? For instance, perhaps you were crossing the street outside of a designated crosswalk. In some states, this would prevent you from recovering any money. New York is different.

New York follows a pure comparative negligence rule, outlined in CPLR § 1411. This means you still recover damages even if you were partially to blame. The total compensation award is simply reduced by your percentage of fault. Do not assume you have no case simply because your actions may have contributed to the incident.

Damages: What You May Be Compensated For

A successful personal injury claim provides financial recovery for the various ways an accident has harmed you. Compensation is generally divided into two main categories.

Economic Damages

These are the tangible, calculable financial losses you have incurred. This includes:

• All past and future medical bills: This covers everything from the initial ambulance ride and hospital stay to future surgeries, physical therapy, and medication.
• Lost wages: Compensation for the income you have lost while unable to work.
• Loss of future earning capacity: If the injury prevents you from returning to your previous job or limits your ability to work, you are compensated for that loss of future income.

Non-Economic Damages

These damages compensate you for the intangible, personal losses that don’t have a specific price tag. This includes:

• Pain and suffering: For the physical pain and emotional distress caused by the injury and your recovery.
• Loss of enjoyment of life: If your injuries prevent you from participating in hobbies or activities you once enjoyed.
• Emotional distress: This includes anxiety, depression, or PTSD resulting from the trauma of the accident.

Wrongful Death

For families who have lost a loved one, a wrongful death claim is filed to recover for funeral expenses, lost financial support, and the loss of the loved one’s guidance and companionship. The sanitation industry remains one of the most dangerous occupations, and pedestrian fatalities are tragically common.

Punitive Damages

These are rarely awarded and are not intended to compensate the victim, but to punish the defendant. In New York, punitive damages may be pursued against a private waste company if their conduct was so reckless and dangerous that it showed a conscious disregard for the safety of others—for example, knowingly sending a truck out on the road with brakes they knew were faulty.

FAQ for Garbage Truck Accidents in Brooklyn

Can I sue if I was working as a sanitation worker when I was hit?

Generally, you cannot sue your own employer due to Workers’ Compensation laws, which provide a different path for benefits. However, DSNY workers in New York City have unique rights and may be able to sue the City for negligence. Furthermore, if you were injured by a third party (for example, a DSNY worker hit by a private car, or a private carter hit by a civilian driver), you absolutely have the right to file a personal injury lawsuit against that at-fault third party.

How long does a lawsuit against a private garbage truck company take?

Every case is different, but these lawsuits are complicated and typically take 2-4 years to fully resolve, especially if they go to trial. However, if liability is clear and the serious injury threshold is obviously met, a fair settlement may be reached much sooner.

What if the garbage truck drove off (Hit and Run)?

If you were the victim of a hit-and-run, you may still have options. You could potentially file an Uninsured Motorist (UM) claim through your own car insurance policy, even if you were a pedestrian. If you do not have access to such a policy, you may be eligible for benefits from the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state fund created to assist victims of uninsured or unidentified drivers.

Does the new NYC “Sideguard Law” affect my case?

Yes. Local laws required most large commercial and city-owned trucks to be equipped with sideguards by January 2023. If your injuries were caused or worsened because you were pulled under a truck that was not in compliance with this law, it is strong evidence of negligence on the part of the truck’s owner.

Who pays my medical bills while the lawsuit is pending?

As mentioned earlier, the truck’s No-Fault (PIP) insurance is responsible for the first $50,000 of your medical expenses and lost wages. After that limit is reached, your personal health insurance will take over. Your lawsuit then seeks to recover all of your past and future medical costs, including any money your health insurer paid out on your behalf.

Don’t Let a Negligent Waste Hauler Dismiss Your Pain

The waste management industry in Brooklyn is powerful, aggressive, and frequently prioritizes profit over public safety. You should not have to pay for the financial and personal costs of their negligence alone.

At The Rothenberg Law Firm LLP, we know the difference between a DSNY claim with its unforgiving deadlines and a complicated lawsuit against a private hauling corporation. We understand how to use legal tools like spoliation letters to secure essential evidence like maintenance logs, driver histories, and GPS data before they are hidden or destroyed.

You need to focus on one thing: healing. Let us handle the bureaucracy, the insurance adjusters, and the fight for your financial future, with a Brooklyn personal injury attorney guiding every step.

If you have questions about your injury, or need to know if you may still file a claim, call us today at (866) 771-4988. We handle cases on a contingency basis, meaning you pay nothing unless we win your case.

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