Dumpster Crash Accidents
If you have been injured in a crash involving a dumpster placed in front of someone's home or a construction site, you may be able to take legal action against the party responsible for its placement. Compensation from the liable party can help you cover the losses you suffered in the incident.
You can learn more about your legal options during a free consultation with Cook, Bradford & Levy, LLC, today.Proving Liability in Your Dumpster Accident
Liability and negligence are critical factors in injury cases. If you make a claim to recover damages in a collision with a dumpster, you will first have to identify who's liable and prove how the liable party's negligence caused your damages.Why the Dumpster's Location is Important
Drivers who collide or hit a dumpster are often surprised because they cannot adequately see that the dumpster is there. Often, collisions with dumpsters happen at night when it can be difficult to see a dumpster that is not marked properly.
Where the dumpster accident happened will play an important role in determining who is responsible for it. If your accident involved a dumpster that was on someone's private property, such as a residence, you may be able to take action against the homeowner. Homeowners, however, generally do not need a permit to have a dumpster on their private property, perhaps making your case for negligence more challenging to prove. With that said, every case is unique, and speaking with an experienced attorney can help determine your options.
However, if the dumpster is placed in front of a private homeowner's or construction site owner's property, it does not necessarily mean they are responsible for its placement there. For example, this would be true if the dumpster is sitting on a nearby road or lot owned by a municipality. In this case, the dumpster rental company that placed the container could be the liable party we would pursue.A Dumpster Rental Company has Responsibilities
It is generally the rental company's responsibility to make sure the dumpster is placed on the proper site and secured properly. Large dumpsters with wheels that are not properly secured can be hazardous, particularly because of their size. A strong wind can push the dumpster into a motorist's parked car or the roadway.We Will Check for Permits and Other Required Paperwork
A dumpster rental company is also responsible for checking for the required permits for a container's placement, especially when it involves a public street, roads, alleys, or sidewalks. If the dumpster is placed on a public street, the company should observe municipality rules, such as not leaving it in a "no loading zone" or in front of a fire hydrant or bus stop.
Permits and the company's contact information should be visible on the dumpster. We can investigate whether the liable party must have a dumpster permit and confirm if they have one.Proving Negligence
A thorough attorney will check the policy where you live to confirm whether there are rules about the placement of dumpsters in public spaces. If we can prove you were owed a duty of care and suffered an injury when the company breached this duty concerning the dumpster's placement, you could collect compensatory damages.
Negligence on the part of a dumpster company could include:
- If the company failed to follow municipality rules or guidelines about the dumpster's placement
- If the company placed the dumpster in an area that did not allow enough time for you to see it to avoid hitting it
- If the company left the dumpster in a space for longer than an allotted time
- If the company failed to place signs, warnings, or notices that would effectively warn motorists about the dumpster hazard
Accidents can leave injuries that fade after a few days, as well as ones that last a lifetime. How extensive one's injuries are and their treatment will determine an accident victim's financial recovery.
Victims can assess their injuries with a lawyer's help. Losses usually fall into two categories: special damages and general damages. Special damages can be documented with records, including receipts and invoices. These damages include:
- Medical expenses (including future medical expenses)
- Lost wages (including future lost wages)
- Reduced earning capacity
- Property damage, including any items damaged in the accident
General damages are those accident losses with no established monetary value but are significant enough to seek recovery for them. These damages include:
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of life enjoyment
We urge you to collect all the documentation you need to help us make a case for your award. We will also look for additional losses you may not know you can pursue.
After we have reviewed everything, we will come up with the value of your case and seek to recover that from the liable party. It is essential to know what your case is worth. This information can prevent you from accepting a low settlement offer from an insurance company.How We Can Help You With Your Dumpster Crash Case
We can review your evidence and help you collect additional proof to support your case. This could include:
- Visiting the location where the accident took place
- Talking to witnesses
- Locating camera surveillance from a nearby business or residence that recorded the accident
- Speaking with the homeowner or construction site owner's insurers and legal representative
Any documentation you have—such as a police report and photos of the damage to your vehicle—can prove your injuries and damages and support your case for the liable party's negligence.
Our legal team can also help you file a claim with the liable party's insurer or a lawsuit if negotiations fail to bring a favorable settlement. We will manage communications and negotiations with all involved parties. We will also explain the laws that apply to your case, answer your questions, and update you on all developments as they occur.Colorado's Statute of Limitations for Injury Cases
Getting started on your legal action as soon as possible is advised. Dumpster cases are likely governed by Colorado’s Premises Liability Act . Under the PLA, injury victims have two years from the date of their incident to file a civil action to recover damages, according to CO Rev Stat § 13-80-101. You likely will have little to no legal recourse if you fail to meet the statute of limitations deadline. We will file your case with the court on time so that you have one less thing to worry about.Call us for a Free Case Evaluation
Our team at Cook, Bradford & Levy, LLC, is ready to talk with you about your dumpster crash accident and help you review your legal options. Call us at (303) 543-1000 to discuss your case during a free, no-obligation consultation with our legal