Tow trucks are essential for helping stranded motorists and clearing road accidents. However, tow trucks are heavy commercial vehicles that frequently operate under hazardous conditions, such as on the shoulders of busy highways or in low-visibility situations.
If you have been involved in a collision with a tow truck, consulting a tow truck accident lawyer is critical. These accidents involve complex liability questions, especially if a vehicle being towed detached and caused the crash.
If a vehicle falls off a tow truck and hits your car, the towing company is almost always fully liable for failing to secure the cargo properly under federal cargo securement rules.
Who is Liable in a Tow Truck Accident?
Determining liability depends on the cause of the collision. Multiple parties can be held responsible:
- The Tow Truck Operator: For distracted driving, speeding, or failing to turn on emergency warning lights while operating on the roadside.
- The Towing Company: For negligent hiring, failing to train operators on how to properly secure vehicles, or neglecting vehicle maintenance (e.g., worn winches or cables).
- Equipment Manufacturers: If the accident was caused by a defective towing component, such as a broken strap, hook, or hydraulic lift.
Common Causes of Tow Truck Crashes
Some of the most common reasons tow truck accidents occur in the US include:
- Improperly Secured Vehicles: If a car is not strapped down correctly, it can slip off the flatbed or swing out into traffic, causing severe multi-car accidents.
- Roadside Loading Hazards: Tow truck operators working on highway shoulders without proper safety markings or strobe lights, causing oncoming cars to hit them or crash trying to avoid them.
- Distracted Driving: Operators communicating with dispatchers, looking for a stranded vehicle, or operating GPS devices while driving.
- Blind Spot Accidents: Tow trucks are wide and long, meaning they have substantial blind spots when changing lanes or backing up.
Why Hire a specialized lawyer?
Towing companies often carry large commercial liability policies, but their insurers will try to blame you or claim that a equipment failure was unpredictable. An attorney will subpoena dispatch records, inspect the towing equipment, and gather witness statements to build a strong claim for your injuries and property damage.