How Do Garbage Truck Accident Cases Work in Texas?

Garbage truck accidents can cause devastating damage, and their legal fallout is often far more complicated than it is for a typical car crash. Unlike those collisions, garbage truck cases raise immediate questions about liability, insurance coverage, and ownership of the truck—issues that aren’t always straightforward, but make a big difference in how a claim unfolds. With so many moving parts, it’s no surprise that people often find themselves asking: “How do garbage truck accident cases work in Texas?”

Answer: In Texas, the remedies available to those injured or killed in a garbage truck accident largely depend on whether the truck is owned by a private company or a government entity. In both cases, the injured or the family of the deceased will be able to file a lawsuit; however, there are extra requirements if the truck is owned by the government.

Some may not see how it really matters who owns a garbage truck if it hurts someone, but the law makes clear distinctions between public and private truck ownership. Today we’ll talk about those differences and how they could affect a case—as well as how other factors like manufacturing defects could add more layers to it. Let’s get to it.

How Do Accidents Involving Privately-Owned Garbage Trucks Work?

When a privately-owned garbage truck is involved in a crash, the following case usually centers on the company that owns and operates it. These companies are usually treated as commercial operators under the law, meaning they must keep their trucks in safe working order, follow state and federal regulations, and ensure their drivers are properly qualified before they ever get behind the wheel. If an accident happens, liability usually falls on the company itself—though there may be other factors to consider as well, like truck malfunctions (more on that later).

Because private companies don’t have the same legal shields that government entities often do, accident victims usually have a clearer path to pursue a case. That doesn’t mean the process is simple, though. These companies carry large insurance policies, and their insurers will fight against paying out the full value of a claim. Proving negligence always takes a solid case built with abundant evidence, which take time and resources to uncover and assemble.

Private companies face accountability much like any other business, but accidents involving municipal garbage trucks bring a different set of challenges.

How Do Accidents Involving Government-Owned Garbage Trucks Work?

City, county, or other government agencies that operate waste management fleets are generally protected by a legal doctrine known as sovereign immunity, which puts strong (but not total) limits on when and how they can be sued. In Texas, for example, victims often have to rely on the Texas Tort Claims Act, which outlines exactly when and how a government entity can be held liable for damages. The law sets procedural hurdles that can catch unprepared people off guard; let’s talk about two difficulties that get in the way most often: The notice of claim and damage caps.

What Is the Notice of Claim?

As mentioned, one thing that often trips people up is the notice of claim—basically a written statement, required by the state, that expresses your intent to sue it. The notice must contain pertinent details of the accident to help the state understand what happened and its own role. Here’s what confuses people, though: The timeframe to file that notice varies depending on who is receiving it. Some agencies give up to six months to notify them in writing, but some cities allow no more than 90 days. If you don’t file the notice within that period, there’s a good chance your case will be dismissed before it can even begin.

What Are the Damage Caps in Texas?

Texas law limits the amount of money an injured person can recover when suing a government entity. These damage caps protect public agencies from large judgments against them, allegedly in the name of protecting funds that are better spent on public works like schools, roads, and emergency response. The caps don’t prevent victims from making a claim, but they do place strict ceilings on how much compensation is available—no matter how severe the harm.

Under Texas Civil Practice & Remedies Code §101.023, the caps are:

• Up to $100,000 per person/$300,000 per incident when suing local governments like school districts or counties; or
• Up to $250,000 per person/$500,000 per incident for lawsuits against city or state government entity.

The caps include both economic damages (medical bills, lost wages) and non-economic damages (e.g. pain and suffering), meaning that the maximum a single garbage truck accident victim may be entitled to claim is either $100,000 or $250,000, depending on where the incident took place. If multiple people were harmed in the accident, they will have to split up to $300,000 or $500,000 between them.

Hurdles, Not Walls

None of that means it’s too hard or not worth seeking accountability in these cases. If a public garbage truck driver negligently hurt or killed someone, it’s only right to hold him and his employer liable. The process just has some extra steps compared to a suit against a private company—and government entities infamously dispute liability and rarely negotiate, since their worst day in court is still capped by statute. That means it’s crucial to know the various tactics and specialized rules for dealing with them.

Of course, not every garbage truck accident is traced back to a driver or the entity that put him on the road. Sometimes the root cause of the crash lies in the truck itself, which brings us to the next issue.

What Happens When a Manufacturing Defect Causes a Garbage Truck Accident?

When a garbage truck malfunctions during use and causes an accident, finding the liable party moves away from driver error or owner negligence and instead focuses mostly on the truck’s maker (or whoever made the specific part that failed). Claims against manufacturers fall under product liability law, which holds them responsible for designing, building, and selling goods that are safe to use. If the brakes, steering, hydraulics, or other critical components fail and cause to a crash, the victims may be able to seek remedy directly from the company that made them.

Making a claim of that nature has obstacles of its own. Proving it usually requires showing that the truck or its parts were unreasonably dangerous when they left the manufacturer, and that the defect was the proximate cause of the accident. These cases can be highly technical, often involving engineers, safety experts, and detailed testing of the vehicle or part in question.

Example: TrashCo sends out a garbage truck on morning rounds, but its brakes fail. The driver couldn’t stop when the brakes gave out, causing the truck to hit Sarah’s car at an intersection. Investigation shows the brake system was flawed and was prone to overheating and failure—something that should have been addressed before the truck ever hit the market.

In a situation like this, Sarah wouldn’t just have a claim against TrashCo and its driver; she could also pursue a case against the maker of the faulty brakes for releasing a dangerous product.

While they may not involve the same insurance battles as cases against private or government operators, manufacturers and their legal teams still fight tooth and nail to protect themselves. For victims, understanding how manufacturing defect claims work may open another path to accountability when other negligence claims aren’t the whole story. Key to reaching that understanding is the counsel and knowledge of an experienced attorney.

Grossman Law Is Here to Help

Figuring out the right path forward after a garbage truck accident is never simple for injured victims or grieving families. These cases involve complicated questions of ownership, regulatory compliance, driver training, truck maintenance, and many others. Piecing it all together can be overwhelming, and without a clear understanding of the legal landscape, it’s easy to take a wrong turn that weakens a claim before it even begins.

At Grossman Law Offices, our attorneys know how tough this process can be and we’re here to make it manageable. Our team will gladly explain each step in plain language, so you always know where your case stands and what options you have, and you can trust that the investigation and litigation are in capable hands. If you were hurt or lost a loved one in a garbage truck accident or any other wreck with a commercial vehicle, call Grossman Law today for a free and confidential consultation.