Hurt in a Garbage Truck Crash? Talk to a Georgia Injury Lawyer Today

If you were hit by a garbage truck in Georgia, the deadline to file a lawsuit is generally two years under O.C.G.A. § 9-3-33, though exceptions can apply and some claims, such as property damage, may have a different period. When a county, city, or state vehicle is involved, a written notice of claim can be due within months. This page explains which rule may apply, what a notice must say, and what to do while the facts are still fresh.

Who This Page Is For and Why the Notice Rule Matters

This page is for people hurt when a garbage or sanitation truck crashed into them, and for family members acting on their behalf.

You may be dealing with pain, time off work, a damaged car, and calls from insurers. The paperwork can feel endless.

Some garbage trucks belong to a government body. When they do, Georgia may require an ante litem notice (a written claim filed before a lawsuit). That notice is a required first step, not the lawsuit itself. Missing it can bar your claim, even when the other driver was clearly at fault.

Public Entity or Private Hauler: Which Rule Applies

The owner of the truck decides which deadline applies, so identify it first.

Garbage and sanitation trucks may belong to:

• A county government
• A city or municipal government
• A state agency
• A private waste company

A private company may also drive a truck under a contract with a county or city. Ask two questions: who owns the truck, and who employs the driver.

Clues to look for:

• Lettering or a seal showing a county or city name
• A unit or fleet number on the body
• The driver’s uniform or ID badge
• The employer named on the crash report

Don’t assume the truck is private because it’s a common sight on your street. A county or city name changes the clock, so find it early.

Notice Deadlines to Know and When the Clock Starts

For a county, the claim must be presented within 12 months. For a city, the window is six months.

• Counties: All claims against counties must be presented within 12 months after they accrue or become payable, or they are barred. Minors and others under disabilities get 12 months after the disability is removed. See § 36-11-1.
• Cities (municipal corporations): A claim for injury must be presented in writing to the governing authority within six months of the event. No lawsuit may be brought until that step is taken. See § 36-33-5.
• State agencies: Written notice must be given within 12 months of when the loss was discovered or should have been discovered. See § 50-21-26.
• Private haulers: Injury lawsuits generally must be brought within two years after the right of action accrues. See § 9-3-33. Property damage to your vehicle can be part of a car accident claim, and Georgia generally allows four years to file a property damage claim under O.C.G.A. § 9-3-31.

Deadlines that apply to a claim depend on the facts of each case. Waiting for an insurer to respond can use up time you can’t get back. Confirm your deadline promptly.

What the Written Notice Must Contain and How to Send It

A written notice must describe your injury and the negligence that caused it. Build a complete notice, not a short letter.

For a city claim, the statute asks for:

• The time, place, and extent of the injury
• The negligence that caused the injury
• The specific dollar amount of money damages you seek

That amount is an offer of compromise. It does not bind you if the case is litigated.

For a state claim, list the agency whose acts are at issue, the amount of loss, and the acts or omissions that caused it, as far as you know them.

Every notice should also include your contact details, the date, time, and place of the crash, and the truck’s number or markings.

Sending it:

• City: Deliver to the mayor or the chair of the city council or commission, in person, by certified mail, or by statutory overnight delivery.
• State: Deliver to the Risk Management Division of the Department of Administrative Services by certified mail, statutory overnight delivery, or in person. Send a copy to the state agency involved.
• Ask the county which office takes claims, and keep proof of delivery.

Keep a copy of everything. A late, incomplete, or misdirected notice invites a dispute you don’t need.

Proving Fault and What a Claim Can Include

Fault is proven with evidence, and Georgia cuts your recovery by your own share. Under § 51-12-33, damages drop in proportion to your fault. You recover nothing at 50 percent or more.

Typical causes in these crashes include:

• Backing and blind-spot collisions
• Lift-arm or rear-loader operation near cars or people
• Turning across traffic lanes
• Speeding on residential routes
• Failing to warn other drivers

Evidence to preserve this week:

• The crash report and its number
• Photos of the scene, the truck, and your vehicle, taken before anything is moved
• Witness names and contact details
• Dash camera or nearby business video, which can be overwritten quickly
• Driver and maintenance records, which you can ask the owner to keep

Under § 51-12-33, each defendant pays only its own share. A driver’s statement that you caused the crash does not decide fault. The evidence does.

Claims can include medical bills, lost income, property damage, and pain and suffering. Section § 51-12-1.1 limits medical costs to the reasonable value of medically necessary care for claims covered by its effective-date provision, so whether it applies depends on the facts of each case.

Under § 51-4-2, the surviving spouse brings the wrongful death claim and shares the recovery with the decedent’s children, with the spouse receiving at least one-third. When there is no spouse or child, the parents may bring the claim under § 51-4-4. If there is no spouse, child, or parent, the estate’s administrator or executor may bring it under § 51-4-5. A personal representative may recover funeral and medical expenses when death results from criminal or other negligence under § 51-4-5.

What Happens After Notice: A Step-by-Step Timeline

After notice, the entity or insurer reviews the claim. A lawsuit may follow if the claim does not settle. These steps show the usual order, not a fixed schedule.

1. Gather the facts. Confirm the truck’s owner, the crash date, and your deadline. Put that deadline on your calendar.
2. Send the written notice. Use a method that gives proof of delivery, and keep the receipt.
3. Wait for the response period. A city has 30 days after presentation to act on a claim, and the limitations clock pauses while the demand sits without action. A state claim can’t go to court until the state denies it or more than 90 days pass.
4. Document your injuries. Keep medical records, bills, and proof of lost income. Treatment comes first.
5. Negotiate. The insurer or entity may make an offer. Many claims settle, but timing varies and can’t be predicted in advance.
6. File suit if needed. If the claim doesn’t resolve, file within the applicable deadline. Lawsuits can take a long time, and results can’t be predicted.

Why Our Practice Handles These Claims

T. Madden & Associates, P.C. is a Georgia personal injury practice led by attorney Terance Madden, in practice since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta.

The practice handles car and truck accidents, motorcycle and e-bike crashes, slip and falls, medical malpractice, nursing home abuse, wrongful death, negligent security, and catastrophic injury cases.

Terance Madden is the responsible attorney for this page. Our team, made up of assistants and office staff, supports the practice’s work.

Your first consultation is free, confidential, and comes with no obligation to continue. The firm works on a no-fee-unless-we-win basis, but you may still owe court costs and case expenses. Our phone line is available 24/7.

Frequently Asked Questions About Garbage Truck and County Vehicle Crashes

This page is general information, not legal advice. Responsible attorney: Terance Madden, T. Madden & Associates, P.C. Contact our office.