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Garbage truck accident: who is responsible and what to do

Beverly Law
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If a garbage truck hit you, the claim usually goes against whoever runs the truck: a city or county, or a private hauler. That difference changes the deadline. Before suing a California city, county or other public entity, a written claim generally must be presented within six months. For a private hauler, the general deadline for a personal injury lawsuit is two years. Find out who owns the truck, get medical care and keep every record.

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City truck or private hauler

Some cities run their own trash pickup. Others hire private companies to do it, and the truck may carry the city’s name and the company’s name side by side. The first step is to find out who actually owned the truck and employed the driver. The company name on the door, the truck number and the police report usually answer that question.

If a private hauler employed the driver, the company is generally responsible for crashes its employee causes while working (respondeat superior). If a public entity ran the truck, you still can make a claim, but you must follow the government claim rules first. Our page on being hit by a city or county vehicle explains those steps in more detail.

How garbage truck crashes happen

Garbage trucks stop and start every few houses, back up in alleys and swing wide at corners. Drivers often sit on the right side or work from a side arm, and their view behind the truck can be poor. Many crashes involve people walking, biking or getting out of a parked car, and cars stuck behind the truck trying to pass it.

California drivers must yield to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection (Vehicle Code 21950). That rule applies to the driver of a garbage truck too. If you were walking or biking, see our page on being hit by a truck while walking or biking. If the driver did not see you, our blind spot page may help.

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Evidence that can help your claim

Many garbage trucks have cameras and route software that record where the truck was and how fast it moved. That footage and data can be lost if nobody asks for it. A lawyer can send a written request to the city or company asking it to keep the video, the route records and the driver’s file.

After certain crashes involving a commercial motor vehicle, the employer must test the driver for alcohol and drugs as soon as practicable, including after any fatal crash (49 C.F.R. 382.303). Whether a given garbage truck falls under that federal rule depends on the truck and the driver’s license. Ask your lawyer to find out whether a test was done and to request the result.

What to do now

Get medical care right away and tell the doctor how the crash happened. Take photos of the truck, its number, the city or company name, the street and your injuries. Ask neighbors and witnesses for their names and phone numbers, since people at home often see these crashes. Write down the report number and claim numbers, and keep every receipt.

Deadlines here are short. A claim against a city or county generally must be presented within six months. A personal injury lawsuit against a private company in California generally must be filed within two years (Code of Civil Procedure 335.1). In Washington, the general deadline is three years (RCW 4.16.080). Read about the six-month claim before it runs out.

  • See a doctor and keep your appointments
  • Photograph the truck number, the name on the door and the scene
  • Get names and phone numbers from witnesses and neighbors
  • Do not sign a release or give a recorded statement before you talk to a lawyer
  • Keep medical bills, receipts and proof of missed work

How we can help

With a garbage truck crash, the first job is to figure out who to file against and by when. We look up the owner, send the right claim to the right agency or company, and ask for the camera footage before it is erased. Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win.

We handle truck and city vehicle claims across Los Angeles and the rest of California, and we also handle cases in Washington. Read more on our California truck accident lawyer page, or look through all accident questions to find answers about insurance, medical bills and deadlines. The sooner we start, the more evidence we can save for your claim.

Common questions

Can I sue the city if a garbage truck hit me?

Often you can, but you must first present a written claim to the city or county, generally within six months of the injury. A lawsuit usually comes after the agency acts on the claim. If you miss the claim deadline, your options shrink. Talk to a lawyer soon so the claim goes to the correct agency.

What if a private company runs the trash pickup in my city?

Then the claim usually goes against the private company and its insurer. In California, an employer is generally liable for crashes its employee causes while on the job. The truck may show both the city and the company name, so check the door, the truck number and the police report.

Do garbage trucks have cameras?

Many do, along with route and speed data. The footage can be recorded over if nobody asks for it, so a lawyer should send a written request to keep it as soon as possible. Your own photos, a dashcam or a neighbor’s doorbell camera may also show what happened.

I was hit while walking behind a garbage truck. Do I have a claim?

You may. Drivers must look out for people in the street, and California drivers must yield to pedestrians in crosswalks. Your own share of fault, if any, can reduce what you recover but does not bar your claim under California’s pure comparative fault rule. A lawyer can review the video and witness accounts.

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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.

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Related pages

Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions

Sources

  1. Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
  2. CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
  3. Cal. Veh. Code § 21950(a)-(b)
  4. 49 C.F.R. § 382.303(a), (b), (d)
  5. Cal. Code Civ. Proc. § 335.1
  6. RCW 4.16.080(2)
  7. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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