If a garbage truck hit you or someone you love in New York, you may be entitled to significant compensation. Settlements in these cases typically range from $75,000 for less severe injuries to over $3 million for pedestrian accidents and catastrophic injuries. Wrongful death cases involving garbage trucks regularly exceed $2 million.
What makes garbage truck accidents different from other crashes is one urgent legal deadline that many people simply do not know about. If the garbage truck was owned by the city, county, or a government agency, you have only 90 days from the date of the accident to file a formal notice before you can pursue a claim. Miss that window, and your case is gone, no matter how serious your injuries are.
That single deadline is why you need a garbage truck accident lawyer in New York as soon as possible, not weeks later.
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At Porter Law Group, the first thing we do when a client calls about a garbage truck accident is find out who owns the truck. That one fact determines your deadline and your entire legal strategy. It is not something we circle back to later. We do it before anything else.
Our firm has recovered more than $500 million for injured clients since 2009. We have published case results showing verdicts 20 to 34 times higher than what insurance companies initially offered. Seven of our eight attorneys are recognized by Super Lawyers, a distinction fewer than 5% of New York attorneys ever receive.
Our founder, Michael S. Porter, is a Harvard-educated trial attorney and former U.S. Army JAG Corps Captain with more than 20 years of courtroom experience. When a garbage truck is involved, his team moves immediately to protect your rights and file the required paperwork before any deadlines pass.
We work on a contingency-fee basis, which means you pay nothing upfront and nothing at all unless we win your case. There are no hourly fees and no hidden costs.
"The 90-day filing deadline is the single biggest trap in garbage truck cases. People assume they have three years because that is the standard personal injury deadline. Then they find out four months later that the truck was city-owned and the window already closed. That claim is gone forever. Identifying the truck owner is the first thing we do, before anything else." — Michael S. Porter, J.D.
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Yes, and this is the most important question in your entire case. The answer changes your deadline, your strategy, and what you can recover.
If the garbage truck was owned by a city, county, or government agency, you must file a formal written notice within 90 days of the accident. After that, you have up to one year and 90 days to file your lawsuit. Missing the 90-day notice almost always means your case is permanently dismissed, even if your injuries were life-changing. In New York City, that notice goes to the NYC Comptroller's Office. In upstate areas, it is filed with the city clerk, town clerk, or county attorney.
If the garbage truck was owned by a private company such as Waste Management, Republic Services, or a local hauler, you have three years from the accident date to file. Private companies are also held to a higher standard in terms of how they hire, train, and supervise their drivers, and there is no government immunity protection that could limit your recovery. Additional damages may also be available if the company acted with gross negligence.
Some municipalities hire private companies to run certain collection routes, which means both the private hauler and the government entity could share responsibility for your injuries.
How to tell the difference: Look at the truck itself. City and county trucks display government seals and markings like "Department of Sanitation" or "Department of Public Works." Private trucks show a company name and logo. Photographing the truck at the scene is the most reliable way to confirm ownership. In New York City, the Department of Sanitation (DSNY) operates the city fleet. In upstate cities and towns, it is typically the Department of Public Works.
If you are unsure, do not guess. Contact us and our team will identify the truck owner for you right away.
| City Or County Truck | Private Company Truck | |
| Who Runs It | City, town, or county sanitation department | Private haulers like Waste Management or Republic Services |
| Filing Deadline | 90-day formal notice required, then lawsuit within 1 year and 90 days | 3 years from the accident date |
| Government Protections | May apply to certain decisions | Not available |
| Additional Damages | Extremely rare | Available for gross negligence |
Find Out Who Is Liable For Your Accident
Garbage trucks are not like other large vehicles. They move slowly through residential neighborhoods, stop every 30 to 50 feet, back into tight spaces, and operate around pedestrians, cyclists, and children every single day. That combination of enormous size, limited visibility, and unpredictable movement makes them one of the most dangerous vehicles on neighborhood streets.
Here are the most common causes of garbage truck accidents in New York.
Frequent stops causing rear-end collisions. Garbage trucks stop constantly along their routes, sometimes every few houses. Drivers who follow too closely or lose focus for even a moment can crash into the back of the truck before it pulls away. Rear-end collisions with vehicles this large cause serious injuries even at low speeds.
Blind spots while backing up or turning. The large compactor body blocks the driver's rear view entirely, and the hopper mechanism limits side visibility as well. When a garbage truck reverses in a cul-de-sac or makes a wide right turn on a narrow residential street, pedestrians, children on sidewalks, and cyclists in the driver's blind spot can be struck without the driver ever seeing them.
Workers struck by passing vehicles. Sanitation workers walk alongside the truck to collect bins, putting them directly in the path of cars passing in the adjacent lane. A distracted or speeding driver can hit a worker in seconds. In these situations, the passing driver may be held liable, and the sanitation company may also share responsibility if it failed to provide proper safety gear, warning cones, or traffic controls.
Mechanical failures from daily wear. Garbage trucks endure extreme stress from constant stopping, compacting, and lifting every single day. Brake systems wear down faster than on highway vehicles. Hydraulic components in the compactor can fail unexpectedly. Tires blow out from repeated travel on damaged residential streets. When maintenance is neglected, these failures cause accidents that were entirely preventable.
Driver fatigue and route pressure. Sanitation drivers work long shifts under pressure to complete routes on tight schedules. Fatigue reduces reaction time and judgment, increasing the risk of collisions, especially toward the end of a long shift. The Federal Motor Carrier Safety Administration (FMCSA) sets safety regulations for commercial drivers, and violations of those rules can be evidence of negligence.
More than one party can be held responsible for a garbage truck accident in New York, and identifying all of them matters because it directly affects how much compensation you can recover.
The government agency that owns and operates the truck may be liable if the driver was negligent. Filing a formal written notice within 90 days is required before you can pursue a claim against a government entity. Our team files that notice immediately so your rights are protected from day one.
The private waste hauler is responsible for its drivers' actions on the job. The company can also be held directly liable if it failed to properly hire, train, or supervise its drivers, or if it neglected vehicle maintenance over time. Unlike government cases, there is no special immunity protection for private haulers.
The garbage truck driver can be held personally responsible for unsafe driving, such as failing to check mirrors before backing, not using a spotter in a tight space, speeding to complete a route, or operating the truck while fatigued.
A third-party contractor or parts manufacturer may also bear responsibility if faulty equipment or a defective vehicle component contributed to the accident.
In New York, even if you were partially at fault for what happened, you can still recover compensation. Each responsible party pays based on their share of fault, and you receive the remainder.
Garbage trucks can cause devastating injuries, especially to pedestrians, cyclists, and children who have no vehicle protection around them. If you were hurt, you may be entitled to two main categories of compensation.
Economic damages cover the real financial costs of your injuries. This includes current and future medical bills, rehabilitation and physical therapy, lost wages while you could not work, long-term loss of earning capacity, and any property that was damaged. Serious injuries come with serious costs. Brain injuries can require more than $2 million in lifetime care. Spinal cord injuries can range from $1.2 million to over $5 million. Crush injuries that lead to amputation often exceed $2 million in total lifetime costs.
Non-economic damages cover the personal toll your injuries have taken on your life. This includes physical pain, emotional suffering, permanent scarring or disfigurement, and the loss of activities and relationships that made your life meaningful before the accident. New York places no cap on these damages, even in cases against government entities.
Wrongful death claims are available if a loved one was killed in a garbage truck accident. These claims can cover funeral and burial expenses, the financial support your family has lost, and compensation for the grief and loss your family will carry going forward. Wrongful death settlements in garbage truck cases typically range from $1 million to $10 million.
FIND OUT WHAT YOUR GARBAGE TRUCK ACCIDENT CASE IS WORTH
Porter Law Group has secured more than 53 results at or above $1 million, including a $17.8 million settlement and a $13.5 million jury verdict. Our truck accident lawyers have repeatedly turned low insurance offers into life-changing recoveries for clients across New York.
$5,700,000 Settlement: A 52-year-old man suffered a lower extremity amputation in a commercial trucking accident. Our team established liability through driver violations and secured full compensation covering lifetime prosthetic costs and lost earning capacity.
$3,400,000 Jury Verdict: A 40-year-old man sustained a traumatic brain injury in a vehicle collision. The insurer offered $100,000. We took it to trial and secured $3.4 million, a 34 times increase over the pre-trial offer.
View more on our Results page.
Every case is different. Past results do not guarantee future outcomes.
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Find out what your garbage truck accident case is worth. No cost, no obligation.
Deadlines in garbage truck cases are strict, and missing one can permanently end your case before it ever gets started. Here is a clear breakdown.
City or county-owned garbage truck: You must file a formal written notice within 90 days of the accident. Your lawsuit must then be filed within one year and 90 days. In New York City, the notice goes to the NYC Comptroller's Office. In upstate areas, it is filed with the city clerk, town clerk, or county attorney.
Privately owned garbage truck: You have three years from the accident date to file your claim. However, you should still act quickly because evidence disappears, witnesses forget details, and vehicle maintenance records can be lost or destroyed.
Wrongful death claims: The family generally has two years from the date of death to file. If the truck was government-owned, the 90-day notice requirement still applies, and it runs from the date of the accident.
Claims involving children: The filing period is generally paused until the child turns 18. However, if the truck was government-owned, a parent or guardian must still file the 90-day formal notice on the child's behalf right away. Do not assume the pause on the child's lawsuit means the family has time to wait.
Because the government truck deadline is so short, contact a garbage truck accident lawyer in New York within days of the accident, not weeks.
ACT NOW BEFORE YOUR 90-DAY DEADLINE EXPIRES
1. Call 911 and stay at the scene. Ask the responding officer to document who owns the truck. Look for city or county markings, a government seal, or a private company logo on the cab and body of the truck.
2. Photograph the truck and the scene. Capture the company or department name, license plate, truck number painted on the cab, and all visible damage. Note whether workers were wearing safety vests and whether warning cones or signs were placed around the area.
3. Collect witness information. Neighbors, other drivers, pedestrians, and bystanders may have seen exactly what happened. Their accounts can make a significant difference in proving your case.
4. Seek medical attention within 24 hours. Garbage truck collisions can cause brain injuries, broken bones, internal bleeding, and crush injuries, many of which do not show obvious symptoms right away. A medical record from shortly after the accident also connects your injuries directly to the crash.
5. Contact a lawyer within days, not weeks. If the truck is government-owned, the 90-day clock is already running from the date of the accident. The sooner our team gets involved, the more time we have to investigate, preserve evidence, and file the correct paperwork on time.
Porter Law Group represents garbage truck accident victims throughout New York State. Whether the truck was operated by a city sanitation department or a private waste company, our team handles claims in every county and region statewide.
Syracuse, NY — Our home base, with deep experience handling cases against Onondaga County and central New York municipalities.
New York City, NY — Cases involving the DSNY fleet and private haulers operating across all five boroughs.
Buffalo, NY — Serving accident victims across Erie County and all of Western New York.
Rochester, NY — Handling claims against Monroe County agencies and private carriers in the greater Rochester area.
Albany, NY — Representing clients in the Capital Region and surrounding upstate counties.
Yonkers, White Plains, Utica, Binghamton, Long Island, and all surrounding communities are also served. No matter where in New York your accident happened, we can help. Call (833) PORTER-9 or visit our locations page to find the office nearest you.
Settlement amounts typically range from $75,000 for moderate injuries to over $3 million for serious cases involving pedestrians or catastrophic harm. Wrongful death cases regularly exceed $2 million. The actual value depends on the severity of your injuries, who owned the truck, and other factors specific to your situation. The best way to understand what your case may be worth is to speak with a lawyer during a free consultation.
You must file a formal written notice with the government within 90 days of the accident. After that, you have up to one year and 90 days to file the actual lawsuit. If you miss the 90-day notice, your claim is almost always permanently dismissed, regardless of how severe your injuries are.
City and county trucks typically display a government seal and markings like "Department of Sanitation" or "Department of Public Works." Private trucks show a company name and logo. If you photographed the truck at the scene, that is usually enough to confirm. If you did not, our team can investigate right away.
Yes. Private waste haulers are responsible for their drivers' actions on the job and can also be held liable for poor hiring practices, inadequate driver training, or failure to properly maintain their trucks. You have three years to file, and there is no special government immunity involved.
Child injury claims are among the most serious cases we handle. The filing period is generally paused until the child turns 18. However, if the truck was government-owned, a parent or guardian must still file the 90-day formal notice on the child's behalf immediately. Do not wait. Contact a lawyer right away to protect your child's rights.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
If a garbage truck caused your accident, time matters. Identifying whether the truck is government-owned or privately operated is urgent because the municipal filing window is only 90 days from the date of the accident.
Contact Porter Law Group for a free, no-obligation consultation. We work on a contingency-fee basis, which means you pay nothing unless we win your case.
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