Hurt in a Crash With a City Garbage Truck in Bakersfield?

If a garbage truck hurt you or someone you love, the deadline may be shorter than you expect. A written claim against a public agency is generally due within six months after the accident. This guide explains who can be responsible, which clock applies, and what to do now. Colvin Accident Lawyers is a local truck accident lawyer team based in Bakersfield, California.

Who Runs Garbage Trucks in California and Who Can Be Held Responsible

The company or agency that employs the driver usually decides who can be held responsible.

Many refuse trucks are run by cities, counties, or special districts. Others are run by private haulers under contract with a city or county. The operator matters because it changes who you can sue and how fast you must act.

Common responsible parties include:

• The public agency that employs the driver.
• The private hauler and its driver.
• In some cases, an equipment or maintenance contractor.

Under California law, a public entity can be liable for injury caused by its employee acting within the scope of employment, but, except as otherwise provided by statute, it is not liable where the employee is immune from liability. (Cal. Gov. Code § 815.2) The same act must have supported a claim against that employee (Cal. Gov. Code § 815.2).

Check the truck’s markings, its route, and any signs on the vehicle. These clues can show who runs the truck. Public records may also help. The firm reviews this question during the consultation.

Claims Against Public Agencies: The Six-Month Deadline

A written claim against a public agency generally must be presented within six months after the accident for death, injury to a person, or injury to personal property or growing crops, and within one year after the accident for any other cause of action (Cal. Gov. Code § 911.2).

This six-month rule covers claims for death or for injury to a person or to personal property or growing crops. It is much shorter than the two-year window for private defendants. Many people wait for treatment or insurance answers before acting. That wait can cause a missed deadline.

The claim must come first. Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required until a written claim has been presented and acted upon, or deemed rejected (Cal. Gov. Code § 945.4).

The claim must show:

• Your name and post office address.
• The address where you want notices sent.
• The date, place, and circumstances of the crash.
• A general description of your injuries or losses.
• The names of the public employees involved, if known (Cal. Gov. Code § 910).

The agency generally has 45 days to act. If it does not act in that time, the claim is treated as rejected (Cal. Gov. Code § 912.4). Public agencies also cannot be liable for punitive damages (Cal. Gov. Code § 818). The firm can prepare this claim for you.

Claims Against Private Haulers: The Two-Year Window

When a private company runs the truck, the general deadline for an injury or wrongful death suit is generally two years from the accident (Cal. Code Civ. Proc. § 335.1).

Which deadline applies depends on who the defendant is. A crash can involve both a public agency and a private contractor. Do not assume the longer window applies until you know who the defendant is. Identifying the defendant can take time, and the clock keeps running while you look. A local truck accident lawyer can review both timelines at the same time.

What a Garbage Truck Accident Lawyer Covers

A claim can cover crashes between a refuse truck and cars, pedestrians, cyclists, or motorcyclists.

Common crash types include:

• Rear-end collisions with cars.
• Side-loader or arm strikes on pedestrians and cyclists.
• Backing-up collisions.
• Sideswipes and rollovers.
• Crashes during curbside pickup.

Losses that can be part of a claim include medical bills, lost income, future care, and pain and suffering. California law separates economic losses, such as medical expenses and lost earnings, from non-economic losses, such as pain and emotional distress (Cal. Civ. Code § 1431.2).

Important evidence often includes dash-camera footage, vehicle data, route and dispatch records, maintenance logs, and driver training records. Public records requests can reach agency files. The firm handles car, truck, bus, motorcycle, bicycle, pedestrian, and wrongful death matters.

How the Process Works, Step by Step

The process starts with a consultation, then a deadline check, then a written claim or lawsuit.

1. Consultation. Talk through the crash, your injuries, and who ran the truck.
2. Identify the defendant and the deadline. Decide whether the six-month public agency rule or the two-year private rule applies.
3. Gather evidence. Request records, including public records from the agency that runs the truck.
4. File the claim or lawsuit. For a public agency, present the written claim within six months. For a private hauler, file within the applicable period.
5. Review the response. The agency generally has 45 days to act. A suit generally must be filed within six months after written notice of rejection is delivered or mailed. Without that notice, it generally must be filed within two years from when the claim arose (Cal. Gov. Code § 335.1).
6. Negotiation or litigation. Some claims move through negotiation. Others need a lawsuit. The timeline depends on the facts, the injuries, and how the defendant responds.

Why Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. Donald Norman Colvin is the responsible lawyer for this page.

Our team includes support staff who help with records requests, deadlines, and client communication. The firm is based in Bakersfield, California, and represents accident victims and families in Kern County.

The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases. That means a reader with a different type of claim can still reach the right review. Each public agency can have its own claim steps, so the first question is always which entity is responsible.

Common Questions About Garbage Truck Accident Claims

Most questions come down to who ran the truck and how soon the deadline runs.