Tow Truck Accident Attorney
Did you get injured in a tow truck accident, or did you lose a loved one through the wrongful death of another's negligence? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent injured victims to seek compensation and justice for their damages.
Call our tow truck accident attorneys at (888) 424-5757 (toll-free phone number) to use the contact form today to schedule a free consultation. All sensitive or confidential information you share with our law office remains private through an attorney-client relationship.
In the moments following a motor vehicle crash, ambulances running red lights transport injured victims. After the police complete their investigation, speak to eyewitnesses, and document damage, tow trucks arrive to remove the crash cars from the roadway.
Typically, tow trucks are huge commercial trucks weighing at least 10,000 pounds when not carrying a load. Unfortunately, a large truck securing the front or rear wheels of damaged passenger vehicles creates another hazard on the road that could lead to a secondary car accident.
In many cases, a crash can cause serious injuries or death to innocent victims. Sometimes truckers, trucking companies, and other third parties might be responsible for occasioning the same accident.
Types of Tow Trucks
All tow trucks do not have similar features. A smaller flatbed tow truck can pull one vehicle up onto the back of the truck. Some manufacturers sell a large truck with a flatbed to accommodate multiple cars or equip the vehicle with wheel lifts to pull additional vehicles involved in the crash.
Mostly, larger tow trucks lift the disabled vehicle either from the front or rear wheels using a hook or ball. After which, it hauls the disabled vehicle off the roadway to the scrapyard, repair center, or police impound.
Unfortunately, whereas tow truck operators are highly knowledgeable about avoiding accidents, accidents sometimes occur inadvertently. A tow truck company might use various types of tow trucks in their fleet, including:
- Wheel-Lift trucks: This tow truck has some similarities to the hook and chain tow truck. The wheel lift truck has a yoke, a piece connected to the back of the tow truck, which goes under the vehicle's front wheels. A wheel lift tow truck is quick and somewhat easy.
- Flatbed tow trucks: This type of truck usually looks slightly different from the regular tow trucks. It comes with a substantial flatbed that the whole disabled vehicle can sit on. The flatbed tow truck uses hydraulics and protects cars during transport, minimizing damage risk.
- Integrated trucks: Integrated tow truck is a powerful truck used on large vehicles. They handle complex situations like lifting heavy-loaded vehicles. This truck is built with an extra axle, bestowing them additional power and stability. In addition, the inbuilt arm is highly stable and enables the truck to haul vehicles with loads even heftier than the tow truck itself.
- Hook or chain trucks: This is the most common type of tow truck; it comes with a hook that secures the car's axle or bumper. This tow truck can cause considerable damage, but it remains the best option when a car gets stuck.
- Oversized towing vehicles: These are trucks that can tow and transport vehicles on large-scale operations. The giant towing truck pulls large boats or cars down the road, but it is not a standard tow truck. Small towing companies do not possess these types of trucks for operation.
- Boom trucks: This tow truck uses a hydraulic system and other equipment. A boom truck looks like a portable version of a crane. The hydraulic arm stands for the boom; it has several uses in a fixed position for stability.
Tow Truck Driver's Negligence
These drivers' main task is to transport damaged or wrecked cars to a safe place. However, some fail to conduct their duties carefully and responsibly, resulting in truck accidents.
Most motor vehicle accidents result from tow truck driver's negligence while working to properly secure a damaged vehicle for towing or through reckless driving. However, some tow truck drivers are negligent and do not follow traffic rules and regulations. In that case, strict laws regulating commercial driving must be enforced.
The tow truck operator may have been negligent in several ways by:
- Failing to obey traffic laws
- Driving while drunk
- Distracted driving– not paying attention to road conditions while driving
- Reckless driving
- Careless behaviors that could contribute to the crash
In addition, the tow truck driver may have failed to stop at a stop sign or traffic lights or caused an accident by following the vehicle too closely.
The tow truck crash might result from the driver crashing into passenger cars while changing lanes or swerving from one street to another without checking if it is safe. Contact our experienced tow accidents lawyers to schedule a free consultation
Tow Truck Accident Causes
The immense size of tow trucks can cause severe damage if it collides with other trucks and passenger cars. For example, a car crash involving a tow truck could be a result of:
- Aggressive driving: Working for a tow truck company is very competitive. Many tow truck drivers are guilty of reckless driving to get to the scene fast before another tow truck operator arrives. Aggressive driving usually leads to failure to observe speed limits, make sudden lane changes, and drive through yellow and red traffic signals.
- Odd Working hours: Many tow truck accidents result from operators working long and irregular hours. A tired driver could drive under the influence of drugs or alcohol during long hours at night or while in heavily congested traffic.
- Defective vehicles: Some towing companies will abscond their responsibility to maintain their trucks to avoid improper loading. Their failure to conduct maintenance increases the risk of tow truck crashes due to defective brakes, faulty equipment, steering malfunction, and tire blowouts.
- Erroneous Judgement: Tow truck drivers that overlook hooks and cables that are improperly connected while towing a vehicle can cause the hauled vehicle to roll off the truck bed. When this occurs, and the tow truck is in motion, other cars may crash or collide with the towed car leading to a catastrophic tow truck accident.
- Inexperienced Driver: Every tow truck operator must be familiar with assembling tow trucks and drive them properly to avoid driver's negligence. When an unskilled driver is behind the wheel, the tow truck can park unsafely, resulting in an accident between other motorists and the tow truck.
Understanding the Liability in Tow Truck Accidents
Hiring a highly proficient tow truck accident attorney to investigate your accident scene and determine all the liable parties will result in suitable compensation for the injury victims.
The circumstances leading to the tow truck accident claim can help the injured victim understand who is liable for the damages. A lawyer representing the injured victim will directly contact the defendant's insurance company, which could be the trucker, trucking company, or a third party.
Nearly every personal injury attorney with a proven track record of successfully resolving cases will accept claims by postponing attorney fees until the case comes to an end. Call our law firm today at (888) 424-5757 for a free consultation.
The Tow Truck Driver
If a tow truck accident occurs, the truck driver may be liable for damages if negligence is involved.
For drivers to be liable for an accident, you have to determine if the truck belongs to them or operates as an independent contractor. For example, being an employee of a towing company means that the driver and the company are liable as long as the driver's actions were within the scope of employment.
Tow truck companies are principally not responsible for the wrongful deeds of independent contractors.
The Towing Company
Mechanical failure is a leading cause of many tow truck accidents. Companies that own and operate a fleet of tow trucks are obligated to inspect every vehicle regularly, repair and maintain the trucks. Failing to do so spawns consequences.
Hiring a person who is incapable of driving a tow truck can also lead to a lawsuit if an accident occurs. Therefore, tow truck driver's employers must do a background search before employing tow truck operators.
For instance, they should ensure that the drivers do not have a history of driving under the influence of alcohol, road rage, drug abuse, violence, physical disability, or a health condition that can impair their driving judgment.
A tow truck attorney from an experienced law firm carries out a comprehensive investigation to identify all parties involved and get an in-depth review of the tow truck driver's employment history.
The outcome of a tow truck accident can be frightening and tiresome. Still, rights should remain protected no matter the circumstances. Seeking legal advice from a tow truck accident lawyer will help tackle the situation more efficiently.
Tow truck accident attorneys specialize in accidents involving large commercial vehicles. They are skilled in evaluating a case's merits. They will obtain appropriate evidence and documentation needed to make the case successful.
Contact a tow truck accident lawyer for a free case review at (888) 424-5757. Let our team evaluate your case's merits, review your hospital records, medical expenses, and out-of-pocket costs to determine if you can get adequate compensation for your damages.
The most significant factors in determining a case's value are detailed below:
Well-being is essential to every individual's quality of life. Because of that, any injured victim should seek immediate medical attention even if they believe that their injuries are minor.
Only a competent doctor with the best diagnostic tools can accurately identify broken bones, skull fractures, spinal cord damage, internal organ injuries, and deep cuts and lacerations.
Suppose there are no visible severe injuries. In that case, the victims should seek a medical evaluation and follow medical's advice. Failing to do so could make it challenging to obtain total compensation.
It's advisable to record medical bills, and additional documents relevant to the severe injuries suffered, like x-rays, procedures, and therapy. A medical and financial citation is a weapon in the hands of insurance companies, hired attorneys, and perhaps the jury; strong evidence is usually an advantage.
Document the Journey of the Accident
Noting down details at the accident scene is helpful. If another driver, property owner, or business was involved somehow, be sure to ask for their full name, contact information, and insurance details.
While at the accident's scene, note down as many details about the tow truck as possible – its license plate number, tow number, driver's name, and so on. There are many ways to document the crash scene: taking pictures and video with a camera or smartphone and taking detailed notes for later use.
The following methods can provide evidence to support compensation claims :
Have a foresight on how necessary recounting the accident will be in the long run. In that case, note down the sequence of events at the scene. A written statement or recording of an audio/video account of the accident is applicable.
The statement must be detailed and factual. The insurance company or their attorneys can exploit this and put together all that happened at the accident scene. Also, try to document every traumatic aftermath effect caused by a crash.
The tow truck driver fails to secure the load properly while transporting or hauling a damaged vehicle in many cases. This documentation can help prove liability when seeking damages.
Documenting all damages can confirm that the havoc is from the accident. The case becomes susceptible, especially when there are images and other forms of documentation at your disposal to prove the damages on the vehicle and personal injury didn't exist before the accident.
Car damage includes; dents, scratches, deflated tires, and car alignment issues. The most substantial form of evidence is an image. Take snap pictures and make a video where possible.
Alerting the auto insurance company about the accident and the damage to the vehicle is vital. In addition, any personal injuries requiring medical attention will need to be covered by health insurance, even if reimbursed later.
The health insurance company will need information on when the accident occurred and how it occurred before taking action. Call our law firm to schedule a no-obligation case review.
A fair and complete settlement should cover all expenses related to the personal injuries sustained and property damage now and into the future. Furthermore, crash emotional trauma and severe injuries need attention as well.
Such claim includes compensation for:
- Health care and ongoing treatments
- Lost wages and forthcoming income
- Emotional trauma
- Impact Coverage
Every collision has a coverage policy; a collision policy covers damages caused by tow trucks. Such policies will settle payment for damages on the vehicle.
Insurance companies categorize these accidents as incidents involving a "car or object," depending on the insurance provider's terms that a collision coverage policy should pay for the expenses.
Suppose a tow truck accident occurs and results in injuries and damages. In that case, reach out to a tow truck accident attorney and discuss the details of the situation to get legal advice on your available options.
An experienced attorney has the relevant skills to carry out a comprehensive evaluation of the case. Engaging a highly competent tow truck accident lawyer will help you to get the appropriate compensation for property damages, medical bills, and emotional havoc caused by the incident.
Hiring a Tow Truck Accident Lawyer to Resolve a Personal Injury Claim
Are you a victim of the tow truck accident? Did you lose a loved one to the negligent actions of the tow truck driver who caused a severe accident?
At Rosenfeld Injury Lawyers, LLC, our truck accident attorneys will fight aggressively on your behalf to successfully resolve your personal injury claim. Call our law firm at (888) 424-5757 (toll-free phone number) to use the contact form today to schedule a no-obligation-free case review.
We accept all personal injury cases and wrongful death lawsuits through contingency fee agreements, meaning no upfront fees are paid until the legal issue is successfully resolved through a negotiated trial or jury verdict.