Hit by a Garbage Truck in New York City: Why the First Question Is Whose Truck It Was

The fork: City truck or private carter?

New York City collects garbage in two separate systems. The Department of Sanitation picks up residential trash and recycling, and the City owns those trucks. Businesses — restaurants, stores, offices, construction sites — hire private carting companies, which are licensed and overseen by the City's Business Integrity Commission. Private trucks often work at night and early in the morning, covering long routes across several neighborhoods.

You can usually tell which is which from the truck itself. Sanitation trucks are white with the DSNY name and a City truck number. Private carters' trucks carry the company's name, a BIC license number, and their own fleet numbers. Take a photograph of the side and back of the truck if you can. That one picture can save weeks of work later.

Path one: a Department of Sanitation truck

The 90-day notice of claim

A claim against the City of New York starts with a written notice of claim, which generally must be served within 90 days of the accident under General Municipal Law § 50-e. The lawsuit itself generally has to be filed within one year and 90 days. Before suing, the City is entitled to question you under oath at what is called a 50-h hearing. A court can sometimes allow a late notice, but that is discretionary and never guaranteed. This is the single most important deadline in a Sanitation truck case. Our guide to New York's filing deadlines explains the rules in more detail.

The "work on a highway" rule

There is a second issue that comes up with City work vehicles, and it surprises many people. Under Vehicle and Traffic Law § 1103(b), most of the ordinary rules of the road do not apply to vehicles "actually engaged in work on a highway." New York's highest court has held that when that exemption applies, the vehicle's operator is liable only for conduct showing reckless disregard for the safety of others, not for ordinary carelessness. Courts have applied that standard to street sweepers and other vehicles doing roadwork.

Whether it applies to a particular garbage truck depends on what the truck was doing. Appellate courts, including the Second Department, which covers Queens and Brooklyn, have held that ordinary garbage collection is not "work on a highway," so the ordinary negligence standard generally applies to a Sanitation truck collecting trash or driving its route. The City may still raise the defense, and it is worth having a lawyer look at early.

Who pays medical bills

Even when a City vehicle is involved, New York's no-fault rules still decide who pays medical bills first. If you were in a car, no-fault benefits generally come from the insurer of the car you were in. If you were a pedestrian or cyclist and your household owns an insured car, that policy usually pays first; otherwise the City, which insures its own fleet, generally provides the benefits. The application is due within 30 days. Our no-fault guide covers what it pays.

Path two: a private carting company's truck

A private garbage truck is a commercial vehicle like any other, and the claim follows the ordinary rules of negligence:

• The driver and the company. The carting company is generally responsible for its driver's negligence while working, and it carries commercial insurance.
• The owner. Under Vehicle and Traffic Law § 388, the owner of a vehicle is liable for injuries caused by the negligence of anyone driving it with permission, so a truck registered to an affiliated company can bring in another defendant.
• The company's own negligence. Hiring, training, route scheduling that pushed drivers to rush, and maintenance of brakes, mirrors and backup alarms.

There is no 90-day notice of claim and no "work on a highway" exemption. Most claims against a private carter must be filed within three years. That longer deadline is not a reason to wait, though: the truck's data, cameras, and maintenance records can disappear long before then.

How garbage truck accidents happen

The fact patterns repeat across both systems:

• Backing up. Garbage trucks reverse constantly, often into alleys or down short blocks, with large blind spots behind them. Pedestrians and cyclists are struck by trucks that never saw them.
• Right turns. A long truck swings wide and then cuts across a crosswalk or bike lane. See our article on pedestrian rights in Queens.
• Night and early-morning routes. Private carters often work overnight, under time pressure, when visibility is poorest.
• Workers riding on the back. Helpers stepping off a moving truck or riding on the rear step are exposed to traffic.
• Rear-end and side-swipe crashes with cars when a truck stops suddenly or pulls out from the curb. Our article on rear-end collision fault explains how fault is usually assigned.
• Mechanical failures, especially brakes, on trucks that carry heavy, shifting loads all day.

Injuries and the serious injury threshold

A collision with a fully loaded garbage truck tends to cause serious harm: crush injuries, fractures, pelvic and spinal injuries, head injuries, and, too often, deaths. To recover pain and suffering in a motor-vehicle case in New York, the injured person needs a "serious injury" as defined in Insurance Law § 5102(d), which includes fractures, significant disfigurement, and permanent or significant limitations of a body part or function. The former 90/180-day category was repealed for lawsuits filed on or after May 26, 2026. Many injuries from a garbage truck collision clear the threshold, but the medical evidence has to show it.

When a crash is fatal, the family has a wrongful death claim. Our wrongful death page explains who may bring it and the deadlines that apply.

Shared fault

Expect the truck's insurer, or the City, to argue that the injured person was partly to blame — walking behind a reversing truck, riding in a blind spot, or crossing against the light. In a motor-vehicle case, CPLR 1411 now bars recovery if your share of fault is greater than the defendant's; below that line, your recovery is reduced proportionally. That rule applies to lawsuits filed on or after May 26, 2026. Our comparative negligence guide explains how the percentages work.

The evidence, and why speed matters

Garbage trucks generate a surprising amount of evidence, but almost all of it is temporary:

• Truck cameras. Many trucks carry rear and side cameras to help with blind spots, and some carry forward-facing cameras.
• GPS and route data. Fleets track where each truck is, how fast it is going, and when it stops.
• Street video. Storefront, doorbell and building cameras often capture collection routes, but most overwrite within days.
• Maintenance and inspection records for the truck's brakes, mirrors, lights and backup alarm.
• Driver records, including hours worked on the shift.

A preservation letter sent quickly asks the City or the carting company to keep that evidence. In a City case, the notice of claim and the preservation request should go out together.

What to do after a garbage truck accident

• Call 911 and get medical care right away.
• Photograph the truck, especially any DSNY markings, company name, BIC license number and truck number.
• Note the exact time and location. Collection routes run on schedules, and the time helps identify the truck later.
• Get the names of witnesses and look for cameras on nearby buildings.
• If it was a City truck, calendar the 90-day notice of claim deadline immediately.
• Apply for no-fault benefits within 30 days.

Claims involving City and private garbage trucks are handled by our truck accident practice across Queens and the five boroughs, on a contingency fee.

Common questions

Can I sue the City if a Sanitation truck hit me?

Yes, but a notice of claim must generally be served within 90 days of the accident, and the lawsuit generally filed within one year and 90 days. The City may also argue that a stricter "reckless disregard" standard applies if the truck was actually engaged in work on the road, though courts have held that ordinary garbage collection is not such work.

Who is responsible when a private garbage truck causes an accident?

Usually the carting company that employs the driver, and the truck's owner under Vehicle and Traffic Law § 388. The company may also be responsible for its own failures in hiring, training, scheduling or maintenance.

How do I know if it was a City truck or a private carter?

Sanitation trucks carry DSNY markings and City truck numbers. Private carters' trucks show the company's name and a Business Integrity Commission license number. A photograph of the truck is the easiest way to confirm.

How long do I have to file a claim against a private garbage company?

Generally three years for personal injury. There is no 90-day notice of claim for a private company, but evidence like camera footage and route data should be preserved right away.

Who pays my medical bills after a garbage truck accident?

No-fault insurance pays medical bills and part of lost earnings regardless of fault, if you apply within 30 days. Which policy pays depends on whether you were in a car, on foot or on a bike, and whether your household has auto insurance.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.