This video discusses the unique legal considerations for accidents involving municipal garbage trucks in Alabama. It emphasizes the importance of filing a notice of claim within six months after the accident. Additionally, it highlights the $100,000 cap on recoveries in these cases and the potential for exceptions with the right legal representation.
A notice of claim is a formal notification that must be filed with the city clerk or county commission within six months of an accident involving a municipal garbage truck. Failing to do so can result in losing the right to pursue a claim.
In Alabama, the statute of limitations for most personal injury cases, including garbage truck accidents, is two years from the date of the accident. This means you must settle your case or file a lawsuit within that timeframe.
Generally, recoveries are capped at $100,000 in cases involving municipal garbage trucks. However, there may be exceptions if it can be shown that the municipality abused its discretionary function immunity.
Let's talk about RECs involving garbage trucks. Now in Alabama, you know, there's basically two types of garbage trucks we see on our roads. That's municipal garbage trucks or city garbage trucks, and then private garbage trucks, like a waste management. But what I want to talk to you about is municipal garbage trucks, because the rules that apply to them are a little bit different. Now, if you're involved with a REC involving a municipal garbage truck, you have to always bear in mind that you have a six month notice of claim time. And what does that mean? So your lawyer had better file a notice of claim with the city clerk or the county commission within six months after your accident, or your claim's over. There's nothing you can do. It's forever over. Now in Alabama, we have a two year statute of limitations in most cases. And what that means is two years from the date of accident, your case needs to be settled or suit filed to protect you. But in municipal cases involving a garbage truck, six months, especially if it's a city truck or a county truck. Now the other thing that's different is this, and that's the amount of recovery you can get. In a case involving a city truck or a municipality or a county garbage truck, you're capped at $100,000. That's what you can recover, unless, and this is where a good lawyer comes into play. Unless we can find a way around that, unless we can look and see, did they abuse their discretionary function immunity? Is there some loophole that maybe we get outside that 100 count? And that's why it's so important to have the right lawyer representing you.
