Hurt in a Garbage Truck Crash? Find Out What Notice Rules May Apply

If a county or city garbage truck hit you or someone you care about, the notice deadline can come sooner than you expect. A claim against a city must be presented in writing to the governing authority within six months of the event on which the claim is based. This page explains the county garbage truck accident notice deadline in Georgia, and which rule fits which truck.

Short Answer: The Notice Deadline Depends on Who Owns the Truck

The owner of the truck decides which clock applies. A county-owned truck and a city-owned truck follow two different notice rules. A truck owned by a private hauler follows the ordinary lawsuit deadlines.

For a county, O.C.G.A. § 36-11-1 says claims “must be presented within 12 months after they accrue or become payable or the same are barred,” though minors and other persons laboring under disabilities get 12 months after the disability is removed. For a city, O.C.G.A. § 36-33-5 requires anyone with a claim for money damages on account of injuries to person or property to present the claim in writing to the city’s governing authority within six months of the event.

Private companies are different. The city and county notice rules apply to counties and cities. A claim against a private company generally follows the ordinary deadlines, such as the two-year rule for injury claims (O.C.G.A. § 9-3-33; Kenneth B. Cameron v. Jmp Pizza, Inc (2026)).

How Long Do You Have to Report a Minor Accident in Georgia?

The state crash report and the claim deadline are two separate things. That timing governs the officer’s report. It does not set your claim deadline.

Don’t judge a crash by how it looks at the scene. Injuries can show up hours or days later, especially after a heavy truck impact. A garbage truck crash often involves a responding officer. Ask the agency that responded for a copy of its report, and keep it with your other records.

What Happens If You Don’t Report an Accident Within 10 Days?

A missed report does not start or stop your claim clocks. The statutes above start the clock when the claim accrues. A crash report is not named as the starting point. That’s why the dates in your file matter so much.

Keep copies of every report, photo, and letter. Note the date each one was made or sent. A clear paper trail shows what happened and when.

Garbage Truck Liability: Public Truck vs. Private Hauler

The truck’s owner and the driver’s employer decide which rule applies. Under O.C.G.A. § 51-2-2, a person is liable for torts committed by a servant “in the prosecution and within the scope of his business.” That can reach a company that employs the driver.

Under O.C.G.A. § 51-2-4, an employer generally is not responsible for an employee who runs an independent business and is not under the employer’s immediate direction and control. The driver’s employment status matters.

Under O.C.G.A. § 51-2-5, an employer can be liable for a contractor’s negligence in listed cases. One is when the employer retains the right to direct or control the time and manner of the work. Many trash services are private haulers working under a contract with a local government. That contract can matter even when the government does not own the truck.

Check the truck’s markings, the driver’s employer, and any contract. Which rule applies depends on the facts of your truck and its contract, so don’t assume either one. A common mistake is assuming a city truck is a private truck because a company runs the route.

How Long Do You Have to File an Accident Claim in Georgia?

Injury lawsuits generally must be brought within two years after the right of action accrues. O.C.G.A. § 9-3-33 sets that rule. For an action for injuries to the person involving loss of consortium, that statute allows four years after the right of action accrues.

The lawsuit must still be filed within the applicable time limit. The two-year clock under O.C.G.A. § 9-3-33 runs from when the right of action accrues. Cities get a pause under a different statute, O.C.G.A. § 36-33-5. Under O.C.G.A. § 36-33-5, the limitation period is suspended while a demand for payment is pending before the city’s authorities without action on their part.

Don’t count on that pause. The city’s governing authority must consider and act on the claim within 30 days of presentation. O.C.G.A. § 36-33-5 reads: “(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.” Plan the notice early, not at the end of the window.

What Must a Notice of Claim Against a County or City Include?

A city notice must state the time, place, and extent of the injury, as nearly as practicable. It must also state the negligence that caused the injury. Under O.C.G.A. § 36-33-5, the injury description must include the specific amount of monetary damages sought. That amount is an offer of compromise. It does not bind you if the claim is litigated.

The claim must be served on the mayor, or the chairperson of the city council or city commission. Service can be personal delivery, certified mail, or statutory overnight delivery. Send it to the official the statute names, not to the truck driver or the hauler.

For a county, the 12-month presentation rule under O.C.G.A. § 36-11-1 controls, except that minors and other persons laboring under disabilities have 12 months after the disability is removed. Keep proof of delivery, such as a certified mail receipt, and a copy of the notice in your file.

Evidence to Preserve After a Garbage Truck Crash

Write down the truck number, company or county markings, and the driver’s name if you can. Note the time and place. Take photos of the vehicles and the road. Collect witness names and keep every medical record and bill.

Ask early for route and maintenance records. Federal rules for certain motor carriers set minimum retention periods. 49 C.F.R. § 379.3 says records may be destroyed after those periods end. Early requests help keep them.

For the wider picture on truck claims, read our truck accident guide.

If the Truck Driver Left the Scene

If the driver left the scene, your own insurance may matter.

Report the crash to police as soon as you can. Write down every detail you still remember about the truck, including its number, color, and any markings. Those details can matter later.

Have questions about what happened? Talk with our team about your deadline

If you’re reading this for an injured family member, you may be juggling medical care, time limits, and a government office you’ve never dealt with. A county or city truck crash can carry a six- or 12-month written notice window, and that window is easy to miss.

You don’t have to work out the notice rules alone. Reach out for a free case evaluation. The first consultation is free, confidential, and carries no obligation to continue. Terance Madden is the responsible lawyer for this page. T. Madden & Associates, P.C., in practice since 1999, has an office in Jonesboro, Georgia.