Accident investigation in preparation for litigation: A waste industry playbook

The sound of sirens. A collection truck at a full stop. A crew shaken, unsure of what went wrong. These moments are not theoretical; they are real, recurring and far too common in the waste and recycling industry. Whether the incident involves a pedestrian struck by a garbage truck, a fatal rollover at a landfill or a catastrophic jam at a material recovery facility (MRF), one thing is certain: The first 48 hours following the event sets the tone for everything that comes next, legally, operationally and reputationally.

In 2023, the U.S. Bureau of Labor Statistics reported a staggering fatality rate of 41.4 per 100,000 full-time workers in refuse and recyclable material collection, nearly double the rate from the previous year. This made it the fourth-deadliest job in America, with the majority of those fatalities stemming from transportation-related incidents. SWANA’s 2023 data underscores this alarming trend, noting 41 collection-related worker deaths, along with increases in MRF and landfill fatalities. These are not abstract figures. These are real lives lost in preventable scenarios.

As someone who has spent nearly four decades in waste operations and served as an expert witness in more than 55 litigation cases, I have witnessed the tragedies and the opportunities following these events. Done right, an accident investigation doesn’t just inform a legal defense but also reveals systemic weaknesses, fosters transparency and builds a stronger, safer organization.

The first hours: What you do matters most

The moments after an incident often are chaotic and emotionally charged, but they’re also critical for preserving facts. Physical evidence, vehicle data and eyewitness accounts are at risk of being lost, overwritten or altered. That’s why immediate response must go beyond first aid and police calls; it must include deliberate action by company leadership.

Securing the scene is essential. Before anything is moved, a full visual and data record should be captured. Photographs of the vehicles’ position, surrounding conditions, warning signs (or lack thereof), lighting and road markings should be collected. Onboard telematics and dashcam footage, if your fleet is equipped, must be downloaded immediately before the data are overwritten. Any nearby CCTV footage from businesses or facilities should be preserved within the first 24 hours.

Equally important is managing the people involved. Witnesses should be identified, separated and interviewed while memories are still fresh. Crew members need to be supported but also guided to avoid speculating or assigning blame. Every word spoken at this stage has the potential to be introduced into court proceedings months or even years later.

The legal lens: Calling in experts early

Far too often, companies wait until a formal lawsuit is filed before they bring in technical experts. By that point, the opportunity to shape the narrative and protect critical evidence is lost. In our work at WIH Resource Group, we often are called within 24 to 72 hours of an incident. The earlier the better.

Engaging expert analysts at the outset allows companies to view the incident through an operational and legal lens simultaneously. We’re not just looking for what happened; we’re asking why it happened, whether protocols were followed, and what gaps in training or supervision might have existed.

From a legal perspective, early expert involvement supports documentation under attorney-client privilege and ensures consistency between what staff says, what the evidence shows and what ultimately goes into a deposition or trial testimony.

Moreover, early action helps prevent missteps that later can be weaponized in court. When companies revise documentation after the fact or allow inconsistent statements to proliferate, it can erode their credibility. Expert witnesses help frame internal findings with transparency and defensibility.

Beyond root cause: Building a dual-purpose investigation

Many companies conduct postincident investigations with a singular goal: Identify the root cause and prevent recurrence. That’s a good start, but it’s only half the battle.

A robust investigation also must be built to withstand legal scrutiny. That means timestamped photos, chain-of-custody documentation, signed and dated witness statements and archived digital data, all tied together in a cohesive and traceable manner. In several cases we’ve supported, failure to document inspection logs or equipment status properly has led to millions in legal exposure, even when the root cause seemed obvious.

The key is to create a dual-track process: One that addresses operational breakdowns and improves safety, and one that constructs a clear, defendable record of what happened. Both are essential.

People make the case: Training for the stand

In litigation, your drivers and supervisors become the faces of your company. Their words carry weight in depositions and trial. Yet, few organizations train their staff on what to expect when the legal process begins.

Mock depositions, guided conversations with legal counsel and expert coaching help prepare staff to stay factual, calm and consistent. It’s not about rehearsing answers; it’s about preparing people for a high-stakes environment that can be intimidating and confusing. We’ve seen well-meaning employees sink a defense by going off-script or offering interpretations of events they weren’t qualified to assess.

Experts, too, must be prepared. Our reports at WIH are written not just with technical rigor but with clarity for judges and juries. We cite applicable and relevant American National Standards Institute standards; Occupational Safety and Health Administration (OSHA) and  Federal Motor Carrier Safety Administration regulations; National Highway Traffic Safety Administration, National Transportation Safety Board, National Institute for Occupational Safety and Health and Solid Waste Association of North America (SWANA) technical policies, as well as other relevant local, state and federal industry laws, regulations and applicable standards directly. We also translate complex operational realities into accessible, visual narratives. That clarity matters when reputations, and dollars, are on the line.

Turning crisis into culture change

One of the greatest missed opportunities after an accident is the failure to use it as a catalyst for change. A strong organization doesn’t just investigate but learns, adapts and communicates those lessons across departments and stakeholders.

Postincident reviews should include safety teams, legal advisors, operations leaders and executives. SOPs, or standard operating procedures, should be revisited, training updated and equipment reviewed. In several recent cases, these reviews led to the installation of additional cameras, changes in helper protocols and revisions to night collection procedures. Some of these changes were small, but they likely saved lives.

Transparency is equally important. Regulators and insurers take note when companies share what they’ve learned and the improvements they’ve made. In some cases, this transparency has reduced penalties or prevented litigation altogether.

Lessons from the field

Real-world examples illustrate what’s at stake. In 2023, nine fatalities were reported at MRFs, an increase that OSHA and SWANA attributed largely to conveyor and compactor incidents. Landfill rollovers also climbed, as did backing accidents involving helpers and pedestrians. Each of these tragedies could have been mitigated with better visibility, supervision and communication.

In one transfer station case we handled, early involvement revealed nonfunctioning alarms, inadequate lighting and a failure to follow SOPs for vehicle movement. Because the evidence was preserved and corrections were made immediately, the client avoided significant liability. The difference came down to timing and discipline.

Preparedness isn’t optional—it’s the standard

In today’s legal and operational landscape, being reactive isn’t good enough. Companies must have a playbook in place before incidents happen, and they must be ready to activate it with speed, precision and foresight.

At WIH Resource Group, we’ve helped clients nationwide navigate the most difficult moments in their operations. The courtroom could be months away, but the investigation starts now. And the quality of that investigation often determines the outcome.

 
Bob Wallace is the president and founder of WIH Resource Group Inc. since 2005. With more than 40 years of hands-on consulting and expert witness experience in the waste, recycling and transportation industry and more than 1,100 consulting projects completed, he has served as an expert witness in more than 55 litigation cases involving garbage truck accidents, transfer station injuries, MRF incidents, waste disposal contract and waste collection franchise disputes, worker and pedestrian fatalities, personal injury accidents and landfill truck rollovers. He has represented plaintiffs and defendants in lawsuits. His firm also works with public agencies and private sector clients to improve their waste management, recycling, collection, transfer station, landfill and MRF operational, safety and financial performance. He also has assisted with regulatory compliance and legal defensibility in expert witness litigation matters. He can be contacted at bwallace@wihresourcegroup.com or 480-241‑9994. Visit www.wihrg.com for more details.