If you need a McComb garbage truck accident lawyer, there is a clock running on your case right now that the TV lawyer has never heard of and that his secretary will not figure out before it expires. If the garbage truck that hit you in McComb was operated by the City of McComb, by Pike County, or by a government-contracted waste company, Miss. Code Ann. Section 11-46-11 requires a 90-day written notice of claim before you can file suit. The clock starts the day of the accident. Day 91 is too late. The TV lawyer has never tried a government liability trucking case in Pike County Circuit Court in Magnolia. He does not have a MS bar license. He cannot file the notice. He cannot file the lawsuit. He cannot walk into a MS courthouse. His secretary does not know what the Mississippi Tort Claims Act says. She is going to find out on day 92 after the notice period has expired and your case against the government entity is gone.

What Federal Law And The MTCA Require In A McComb Garbage Truck Accident Case

Government-operated garbage trucks in McComb operating on city routes are governed by two overlapping legal frameworks. 49 C.F.R. Section 392.2 establishes the general safe operation standard applicable to commercial motor vehicles, including government-operated solid waste collection vehicles when they meet the commercial vehicle definition. Miss. Code Ann. Section 11-46-11 governs the Mississippi Tort Claims Act notice requirement that applies when the operator is a government entity. The 90-day written notice must be filed with the correct government entity before day 91. Miss. Code Ann. Section 11-46-11 is unforgiving. If the notice is not timely, the claim against the government entity is barred regardless of how meritorious the underlying case is. The TV lawyer who is not licensed in MS has never read Section 11-46-11 and will not file it on time because he does not know it is required.

Private waste contractors operating under contract with McComb or Pike County are a separate issue. If the garbage truck that hit you was operated by a private company under a government contract, the MTCA may or may not apply depending on the specific contractual relationship. That determination requires reading the contract, understanding the scope of governmental immunity, and knowing how Pike County Circuit Court judges have applied the MTCA to contracted services. The TV lawyer has never litigated that question in Magnolia. The government’s defense counsel has. The FMCSA, the Federal Motor Carrier Safety Administration, standards still apply to private contractors regardless of the government contract, adding another layer of potential federal liability on top of the state law claim.

The TV Lawyer Has Never Been In Pike County Circuit Court On A Government Vehicle Case

Not one TV lawyer advertising in MS for accident cases has taken a government entity to verdict in Pike County Circuit Court. Not one. Not ever. Most of them do not have MS bar licenses. The ones who do have licenses have never faced a government defendant in Magnolia. The government’s legal team, whether the City of McComb’s attorney or a retained defense firm, has handled exactly this type of case multiple times in Pike County. They know the MTCA defenses. They know how to use the notice requirement to eliminate cases that were not properly filed by day 90. The TV lawyer does not know any of this. He is reviewing his ad spend analytics at the downtown office suite. His secretary opened your file 30 days ago and has not sent the Section 11-46-11 notice yet.

Your case files in Pike County Circuit Court in Magnolia. Circuit Clerk Brenda Denise Robinson at 200 East Bay Street in Magnolia handles all civil filings for Pike County, phone (601) 783-2581. Circuit Judge David H. Strong, Jr. has chambers in McComb and knows the MTCA landscape in this county. A lawyer who has never appeared before these judges in a government liability case is not a trial lawyer for your purposes on a McComb garbage truck case. He is a settlement lawyer who is going to accept whatever the government’s risk management office offers, if the case even survived the notice window.

Damages And The Foster Fair Fee Guarantee On Your McComb Garbage Truck Case

Garbage trucks operate on fixed city routes through McComb neighborhoods at low speed with frequent stops, but they are heavy vehicles and crashes produce serious injuries when they happen. Injuries involving stop-and-start garbage truck routes on residential streets in McComb or on US-98 include spinal injuries from rear-end impacts at intersections, pedestrian injuries, and crush injuries. The damages picture includes past and future medical expenses, lost wages, pain and suffering, mental anguish, and loss of enjoyment of life.

Miss. Code Ann. Section 15-1-49 provides the general three-year statute of limitations but that window is superseded by the MTCA notice requirement under Miss. Code Ann. Section 11-46-11 if a government entity is involved. Miss. Code Ann. Section 11-7-15 governs comparative fault. Every McComb garbage truck accident case I take is covered by the Foster Fair Fee Guarantee: written, in your contract, before I do a single thing on your case, you take home more than I receive in fees. Every case. No exceptions. No other lawyer advertising in McComb for garbage truck cases will put that in writing.

The full Pike County commercial vehicle framework is on the McComb truck accident lawyer page. The statewide truck accident framework is on the Mississippi truck accident lawyer page.

If you want the 90-day MTCA notice period to expire while the TV lawyer’s secretary manages your file from a call center, the TV lawyer is perfect for you. Get the free book first and find out what the government entity is counting on you not knowing before day 91 arrives.

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Frequently Asked Questions: McComb Garbage Truck Accident Cases

What Is The 90-Day Notice Requirement For A McComb Garbage Truck Case Involving A Government Entity?

Miss. Code Ann. Section 11-46-11 requires a written notice of claim to be filed with the correct government entity within 90 days of the accident if the garbage truck was operated by a government entity such as the City of McComb or Pike County. The 90-day clock starts on the date of the crash. Day 91 is too late and the claim against the government entity is barred regardless of how strong the underlying case is. The TV lawyer who is not licensed in MS will not file this notice because he does not know it is required and cannot file anything in MS.

Does The MTCA Apply To A Private Garbage Company Under Contract With McComb?

It depends on the specific contractual relationship between the private company and the City of McComb or Pike County. Governmental immunity and the MTCA notice requirement may or may not extend to private contractors depending on whether the contractor was performing a governmental function. That determination requires reading the contract and knowing how Pike County Circuit Court in Magnolia has applied the MTCA to contracted services. The federal FMCSA regulations under 49 C.F.R. Section 392.2 still apply to private contractors regardless of the government contract.

What Federal Law Governs Garbage Trucks In McComb?

49 C.F.R. Section 392.2 sets the general safe operation standard applicable to commercial motor vehicles including qualifying solid waste collection vehicles. When a McComb garbage truck violates Section 392.2 by running a stop sign on a residential collection route or by failing to operate safely on US-98 during a collection run, that violation is negligence per se under MS law on top of any MTCA claim against the government entity.

Where Does A McComb Garbage Truck Lawsuit Get Filed?

Pike County Circuit Court in Magnolia, MS. Circuit Clerk Brenda Denise Robinson at 200 East Bay Street in Magnolia, phone (601) 783-2581. Claims against the City of McComb or Pike County under the MTCA must first survive the 90-day notice requirement under Miss. Code Ann. Section 11-46-11 before any lawsuit can be filed. Missing that window means the government entity is dismissed as a defendant regardless of the merits.

How Long Do I Have To File A McComb Garbage Truck Accident Lawsuit?

If a government entity operated the garbage truck, Miss. Code Ann. Section 11-46-11 requires a 90-day written notice of claim before the suit can be filed. For private operators, Miss. Code Ann. Section 15-1-49 provides a three-year statute of limitations. The 90-day clock is the critical deadline. The TV lawyer’s secretary will not file the MTCA notice because the TV lawyer is not licensed in MS and does not know the requirement exists. Call me today.

P.S. The 90-day MTCA notice clock under Miss. Code Ann. Section 11-46-11 started running on the day that garbage truck hit you in McComb. Day 91 eliminates your claim against the government entity permanently. The TV lawyer’s secretary does not know this clock is running. She has never filed a Section 11-46-11 notice in her life. Get the free book first and call me before the window closes.

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