Tow Truck Accidents: Know the Risks and Your Legal Rights

Tow trucks play a vital role in our transportation system. From rescuing stranded vehicles to clearing roadways after accidents, they ensure smoother traffic flow and safer streets. But despite their importance, tow trucks can also pose significant risks. Their size, weight, and unique functionality mean that when accidents happen, the consequences can be severe.

At Morgan & Morgan, we understand the devastating impact a tow truck accident can have on your life. Whether you’ve been injured as a motorist, pedestrian, or even a tow truck operator, navigating the legal complexities of these cases can feel overwhelming. Our goal is to help you understand your rights, take the necessary steps to protect yourself, and seek the compensation you deserve.

The Role and Risks of Tow Trucks on the Road

Tow trucks are not your average vehicles. They’re designed to haul cars, trucks, and other heavy loads, making them larger and more difficult to maneuver than standard passenger vehicles. Their design includes blind spots, extended arms, and heavy equipment, all of which can contribute to accidents if not handled carefully.

According to recent statistics, large trucks, including tow trucks, are involved in thousands of accidents annually. These collisions often result in significant injuries, property damage, or worse. Tow truck operators themselves face dangerous working conditions, especially when assisting vehicles on busy highways.

Common Causes of Tow Truck Accidents

Tow truck accidents can happen for a variety of reasons, including:

Driver Error

Distracted driving, fatigue, or speeding can lead to catastrophic accidents. Inexperienced drivers may also struggle with the complexities of towing large loads safely.

Mechanical Failures

Tow trucks require regular maintenance to function safely. Faulty brakes, hydraulic issues, or worn-out tires can cause accidents.

Unsafe Loading or Towing Practices

Improperly secured vehicles can shift or detach during transit, leading to collisions.

Poor Weather Conditions

Rain, snow, or fog can reduce visibility and make it harder to control a heavy tow truck.

Negligence by Other Drivers

Failing to slow down or move over for tow trucks can lead to dangerous collisions.

Types of Injuries Associated With Tow Truck Accidents

Because of their size and weight, tow trucks can cause significant harm in an accident. Common injuries include:

• Whiplash and Neck Injuries: Often caused by sudden impact.
• Broken Bones: From the force of the collision or being struck by equipment.
• Spinal Cord Injuries and Paralysis: Life-altering consequences that may require extensive medical care.
• Traumatic Brain Injuries (TBI): Caused by head trauma during the accident.
• Burns and Lacerations: Particularly in cases where a vehicle catches fire or debris causes injuries.

In the most tragic cases, tow truck accidents can result in fatalities, leaving families to cope with emotional and financial loss.

What to Do Immediately After a Tow Truck Accident

If you’ve been involved in a tow truck accident, taking the right steps can protect your health and legal rights:

• Ensure Safety:
  • Move to a safe area if you can do so without worsening your injuries.
  • Turn on your hazard lights and call 911 to report the accident.
• Document the Scene:
  • Take photos or videos of the vehicles involved, your injuries, and the surrounding area.
  • Capture details like road conditions, signage, and any visible damage.
• Gather Information:
  • Exchange contact and insurance information with the tow truck driver.
  • Collect names and contact details of witnesses who saw the accident.
• Seek Medical Attention:
  • Even if you feel fine, some injuries may not be immediately apparent.
  • A medical evaluation creates a record of your injuries, which can be critical for your case.
• Notify Your Insurance Company:
  • Provide them with the basic facts of the accident, but avoid admitting fault or speculating about what happened.
• Contact Morgan & Morgan:
  • Protect your rights and learn if you’re eligible for compensation by speaking to an experienced attorney.

Compensation for Tow Truck Accident Victims

When someone causes you an injury, you don’t have to bear the burden of their mistake on your own. If you’ve been injured in a tow truck accident, you may be entitled to compensation for:

• Medical Expenses: Including emergency care, surgeries, physical therapy, and ongoing treatment.
• Lost Wages: Compensation for time missed at work and reduced earning capacity.
• Pain and Suffering: For physical pain, emotional distress, and diminished quality of life.
• Property Damage: Repair or replacement of your vehicle and personal belongings.
• Wrongful Death Damages: For families who’ve lost a loved one, including funeral expenses and loss of support.

This can be accomplished through negotiations between insurance companies, but working with an experienced tow truck accident lawyer at Morgan & Morgan can help you to maximize the compensation you need and deserve.

Legal Challenges in Tow Truck Accident Cases

Tow truck accidents often involve multiple parties, making it more complex than a standard car accident. Potentially liable parties include:

• The Tow Truck Driver: If the driver’s negligence caused the accident.
• The Towing Company: Employers are often held responsible for their drivers’ actions.
• Other Motorists: If another driver’s negligence contributed to the crash.
• Third Parties: Such as manufacturers of faulty equipment or maintenance providers.

In states with comparative negligence laws, determining fault is critical. Even if you are partially at fault, you may still recover compensation, but it could be reduced based on your percentage of fault.

Morgan & Morgan Can Help

Handling a tow truck accident claim on your own can be daunting. At Morgan & Morgan, we’re here to take the burden off your shoulders. 

With Morgan & Morgan on your case, we can gather evidence such as black box data, maintenance logs, and accident reports to build a strong case. Our team can also fight for a fair settlement and won’t back down from lowball offers. If a fair settlement isn’t possible, we’re prepared to advocate for you at trial.

With over $23 billion recovered for our clients, we have the experience and resources to take on even the largest companies.

Frequently Asked Questions

What should I do if a tow truck driver’s insurance denies my claim?

You can appeal the decision or file a lawsuit with the help of an experienced attorney who can hold the insurance company accountable. Contact Morgan & Morgan to see how we may be able to help you fight for the compensation you deserve.

Can I sue a towing company for negligence?

Yes, you can sue a towing company for negligence if their actions or failure to act responsibly contributed to an accident or caused harm. Towing companies are responsible for ensuring their trucks are well-maintained, operated safely, and comply with legal and industry standards. When they fail in these duties, they can be held liable for resulting injuries or damages.

Common Reasons to Sue a Towing Company for Negligence

• Improper Maintenance of Tow Trucks:
  Towing companies must keep their vehicles in safe, working condition. Mechanical failures like brake malfunctions, worn tires, or hydraulic system issues can lead to serious accidents.
• Inadequate Driver Training or Oversight:
  If the company hires inexperienced drivers or fails to provide proper training, they may be liable for accidents caused by driver error.
• Improper Loading or Securing of Vehicles:
  A vehicle improperly secured to a tow truck may detach during transit, causing accidents. The towing company is responsible for ensuring safe loading practices.
• Violations of Safety Regulations:
  If a towing company operates outside of legal requirements, such as exceeding weight limits or ignoring traffic safety laws, they may be held accountable for resulting harm.
• Negligence in Hiring or Retention:
  If the company hires drivers with a history of reckless behavior or fails to address issues with current employees, they can be sued for negligent hiring or supervision.

Proving Negligence in a Towing Company Lawsuit

To successfully sue a towing company for negligence, you’ll need to prove the following elements:

• Duty of Care: The towing company had a legal obligation to operate safely and protect others from harm.
• Breach of Duty: The company failed to meet that obligation, such as by failing to maintain their trucks or train their drivers.
• Causation: Their breach of duty directly caused the accident or injuries.
• Damages: You suffered physical, emotional, or financial harm as a result of their negligence.

How long do I have to file a claim after a tow truck accident?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney at Morgan & Morgan can help ensure your claim is filed correctly and on time.

What if I was injured while working as a tow truck driver?

If you were the driver of a tow truck and were injured in an accident, you may be eligible for workers’ compensation and could also file a personal injury claim if a third party caused the accident.

Contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your legal options and how we can help.