Table of Contents
- How Common Are Garbage Truck Accidents in New York?
- Who Can You Sue in a Garbage Truck Accident Lawsuit in New York?
- How Long Do You Have To Pursue a Garbage Truck Accident Claim in New York?
- What Compensation Can You Recover in a Garbage Truck Accident Lawsuit?
- Steps To Take After a NYC Garbage Truck Accident
- Contact Lever & Ecker’s New York Personal Injury Lawyers for a Free Accident Consultation
How Common Are Garbage Truck Accidents in New York?
Garbage trucks operate on virtually every NYC block, creating frequent heavy-vehicle interactions with pedestrians, cyclists, and motorists. In a 2021 safety report by the NYC Department of Citywide Administrative Services (DCAS), commercial garbage trucks were attributed to at least 43 fatalities and 107 injuries in New York City between January 2010 and May 2019.
Since that report, other severe and fatal accidents with garbage trucks have occurred, including the following:
- In 2022, a 55-year-old man riding an electric scooter or moped was killed by a sanitation truck in Brooklyn. According to reports, the truck was approaching an irregularly shaped T-intersection when it turned right and collided with the man.
- In 2024, an 83-year-old woman was crossing Bond Street in Brooklyn when she was run over by a garbage truck that was turning onto that street. The woman died from her injuries. StreetsBlog NYC reported that a private sanitation company owns the truck involved.
- In 2025, a 26-year-old man riding a gas-powered moped was killed in a collision with a garbage truck that was turning right onto Flushing Avenue in Brooklyn. According to reports, the truck was slated to become part of the DSNY fleet, and the driver was not a city employee.
Who Can You Sue in a Garbage Truck Accident Lawsuit in New York?
Determining liability for injuries resulting from a garbage truck accident can be challenging, as multiple parties may share responsibility. In New York, common parties that could be held liable in garbage truck accidents include:
- NYC Department of Sanitation (DSNY): This entity is responsible for picking up trash, recycling, and composting material from residential buildings.
- Private carters: More than 90 different private carters provide garbage services to commercial businesses across New York City.
- Truck drivers: The driver can be held liable if their actions or lack of action contributed to the accident.
- Government Entity: Aside from DSNY, government agencies such as those responsible for maintaining road conditions could be held liable if poor road conditions contributed to the accident.
If a government entity or agency is involved in the accident, it is important to be aware that in New York, there are shorter timelines and additional processes compared to lawsuits against individuals or commercial businesses.
Under the doctrine of sovereign immunity, New York and other states are generally protected from liability for conditions on their property or for the actions of their employees and agents. However, New York has partially waived this immunity, allowing victims to file lawsuits, provided they adhere to strict filing rules such as filing a notice of claim.
How Long Do You Have To Pursue a Garbage Truck Accident Claim in New York?
If you intend to sue a government entity, such as the NYC Department of Sanitation, you must first submit a Notice of Claim within 90 days of the accident. Failure to complete this step or missing the deadline will result in your lawsuit being dismissed. Once you have submitted the Notice, you will have one year and 90 days to file the actual lawsuit.
For claims not involving a government agency, New York’s statute of limitations for personal injury cases typically allows an injured party three years from the date of the accident to file a lawsuit.
Due to the tight deadlines, it is essential to act quickly when seeking compensation for your injuries and other damages. Our experienced New York truck accident attorneys will identify the appropriate deadlines for your case and ensure that your lawsuit is filed correctly and on time.
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What Compensation Can You Recover in a Garbage Truck Accident Lawsuit?
All drivers in New York must purchase personal injury protection (PIP) insurance, also known as no-fault insurance coverage. Regardless of fault, PIP provides reimbursement for medical expenses and certain limited lost wages and other basic economic loss, in a minimum amount of $50,000 per person, depending on the coverage procured.
If you meet New York’s serious injury threshold, you may have the option to file a lawsuit against the at-fault party or parties for economic damages that exceed your PIP coverage, as well as seek compensation for non-economic damages. Non-economic damages refer to compensation for subjective, non-monetary losses, including:
- Non-economic damages: Pain and suffering (including any surgeries and future surgeries), emotional distress, and loss of enjoyment of life.
- Economic damages: Past and future medical expenses, lost wages and diminished earning capacity, and other out-of-pocket losses.
To successfully sue an at-fault party, you must demonstrate that you have suffered a “serious injury” as defined by law; otherwise, a court may dismiss your case. Injuries that meet this threshold include dismemberment, broken bones, and significant limitations in the use of a body function, among other conditions.
Even if you share fault in the accident, you can still receive financial recovery. New York’s pure comparative negligence law (CPLR § 1411) allows recovery even if you share fault; your percentage of fault reduces your compensation.
Steps To Take After a NYC Garbage Truck Accident
The aftermath of a garbage truck accident in New York can be overwhelming and confusing. However, knowing the necessary steps to take after an accident can help ease the process. Here are some key steps to remember:
- Get medical attention: Immediate medical care is important to treat injuries and to prevent conditions from worsening. This step establishes a legal record that can link your injuries to the accident when you seek compensation.
- Report the accident: Call the police to report the accident. A police report will be helpful evidence during your claims process.
- Gather evidence: Evidence that can help build a strong case includes medical bills, treatment costs, police reports, photos and videos of injuries, and photos and videos of the scene of the accident.
- Consult an attorney: Contact an attorney as soon as possible. We will handle the evidence collection, analyze your legal options, file your Notice of Claim, and commence your lawsuit should a trial become necessary.
The attorneys at Lever & Ecker have over 70 years of combined experience fighting for injured clients across New York. We understand how to build strong cases for maximum results—whether through settlement or trial.
Contact Lever & Ecker’s New York Personal Injury Lawyers for a Free Accident Consultation
Lever & Ecker’s award-winning New York lawyers handle serious injury cases. We treat every case as the most important in our office, and our clients can expect top-tier legal representation with an open line of communication. We will provide the necessary resources to make informed legal decisions and obtain appropriate medical care.
Contact us online or call one of our office locations today for a free case evaluation:
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
