
Garbage trucks are a familiar presence on Maine roads, but their size, frequent stops, wide turns, and limited visibility can make a collision especially dangerous. If you were injured by one, one of the first questions to answer is who owned and operated the truck. A crash involving a privately operated waste truck generally follows different rules than one involving a municipal vehicle.
That distinction can also affect how quickly you need to act. If a city or other governmental entity may be responsible, the Maine Tort Claims Act generally requires written notice of the claim within 365 days. This is separate from the deadline for filing a lawsuit. Missing the notice requirement can jeopardize an otherwise valid claim.
At Mann Law, we help people injured in serious commercial vehicle accidents determine who may be responsible and what rules apply to their claims. A Maine garbage truck accident lawyer can investigate the company or government entity behind the vehicle, preserve evidence, deal with insurers, and help you understand the path forward while you focus on recovering.
Contact us at 207-709-0900 to discuss your case in detail.
Yes. If you were hit by a garbage truck in Maine, you may be able to pursue a claim. What that claim looks like depends largely on whether a private waste company or a government entity operated the truck.
With a private company, liability may arise when its driver speeds, backs without ensuring the area is clear, drives while distracted, makes an unsafe turn, or otherwise fails to operate the truck safely. The employer may also bear responsibility for negligent hiring or training, unsafe maintenance, or other failures that contributed to the collision.
Municipal vehicles require a different analysis. Government entities generally have immunity from tort lawsuits in Maine unless an exception applies. Importantly for garbage truck crashes, 14 M.R.S. § 8104-A specifically provides an exception involving negligent ownership, maintenance, or use of motor vehicles and certain other machinery and equipment.
That means government ownership does not necessarily prevent an injured person from bringing a claim. It does mean the procedural rules can be substantially different.
Enter the date of your truck accident to see the filing deadline that generally applies to your situation.
If your claim falls under the Maine Tort Claims Act, 14 M.R.S. § 8107 generally requires you to provide written notice of the claim within 365 days after it accrues. The notice must include specific information about the incident, the governmental employee involved, if known, the nature of the injuries or damages, and the amount of damages claimed. The statute allows later notice in limited circumstances when a claimant can show good cause for not filing within the 365 days, but you should not assume that the exception will apply.
The notice deadline is separate from the deadline for filing a lawsuit. Under 14 M.R.S. § 8110, a claim permitted under the Maine Tort Claims Act generally must be filed in court within two years after the cause of action accrues.
Those are two different requirements:
This is why identifying a government-owned garbage truck early matters. Someone who assumes the ordinary rules for an accident involving a private trucking company apply could overlook the much earlier notice requirement and put their ability to pursue a claim at risk.
A serious garbage truck collision can leave someone facing hospitalization, rehabilitation, lost income, and changes to everyday life. A claim may seek compensation for medical expenses, lost wages and diminished earning capacity, pain and suffering, permanent impairment, and other losses supported by the facts.
However, when a government entity is responsible, the Maine Tort Claims Act can affect the amount recoverable. Under 14 M.R.S. § 8105, damages against a governmental entity or its employees generally may not exceed $400,000 for all claims arising from a single occurrence. Other provisions, including those addressing liability insurance, can also affect the analysis, making it important to evaluate the particular entity and available coverage rather than assuming the same rules apply to every municipal accident.
Claims against private waste companies do not follow that same governmental damages provision. Identifying the responsible entity is therefore important not only for meeting deadlines but also for understanding the potential sources of recovery.
Garbage truck cases can involve commercial trucking laws, insurance coverage, government liability, or a combination of all three. A lawyer can determine which rules apply, identify responsible parties, preserve evidence, document your losses, and handle communications with insurers.
Attorney Chrissy Mann’s prior work in insurance defense gives her valuable insight into how insurers evaluate liability, medical evidence, and the value of serious injury claims. She uses that experience to anticipate potential challenges and prepare cases accordingly.
With more than 50 years of combined experience, Mann Law provides strategic representation alongside the personalized service our clients need during a difficult recovery.
Yes, suing the city for a garbage truck accident in Maine is possible if a municipal garbage truck driver’s negligence caused your injuries. Although governmental entities generally have immunity from many lawsuits, 14 M.R.S. § 8104-A creates an exception for negligent acts involving the ownership, maintenance, or use of motor vehicles and certain other equipment. That exception may apply when a city-owned garbage truck causes a collision.
Under the Maine Tort Claims Act, 14 M.R.S. § 8107, you generally must provide written notice of your claim to the appropriate governmental entity within 365 days of the claim accruing. The notice must include information such as when and where the accident happened, the circumstances surrounding it, the nature of your injuries, and the amount of damages claimed. The 365-day notice requirement is also separate from the deadline for filing a lawsuit.
Start with the police crash report and information about the truck, driver, and employer. Maine communities may use municipal vehicles, private contractors, or both. An attorney can review ownership records, contracts, and other evidence to identify the responsible entity. This distinction matters because municipal claims may fall under the Maine Tort Claims Act, while claims against private waste companies generally follow different rules.
Video footage and electronic vehicle data can disappear quickly after a garbage truck accident. Other important evidence may include GPS and dispatch records, maintenance records, photographs, and witness statements. The truck may also be repaired and returned to service soon after the crash. Preserving this evidence early can help establish how the accident happened and who may be responsible.
If a garbage truck caused your injuries, you may not know whether you are dealing with a city, a private waste company, or another entity. You do not need to figure that out before asking for help.
What matters is acting early enough to identify the responsible parties and protect the deadlines that apply to your claim, particularly when a governmental entity may be involved.
Contact Mann Law to discuss your accident with a Maine garbage truck accident lawyer. We can review what happened, determine which legal requirements may apply, and explain your options so you can make informed decisions about what comes next.
For more information about serious commercial vehicle claims, visit our Maine truck accident lawyer page.
Legal References Used to Inform This Page
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