Towing vehicles on public roads is an inherently risky activity. When accidents occur involving tow trucks, the situation can become even more complicated due to the multiple large vehicles involved. Determining liability in tow truck crashes requires untangling a web of contributory actions and failures to establish which party or parties are at fault.
Unique Dangers of Towing Operations
Towing disabled or damaged vehicles on highways and city streets presents dangers not found in typical roadway accidents. Some factors that can lead to tow truck crashes include:
- The need for tow trucks to stop in live traffic lanes to hook up vehicles
- Restricted visibility for tow truck drivers with vehicles in tow
- Other drivers distracted by accident scenes and not seeing tow trucks
- Greater stopping distances for tow trucks due to heavy loads
- Jackknifing of tractor-trailer rigs being towed
- Shifting loads or vehicles breaking free of tow lines
These hazards mean tow truck operators must take extra precautions to move vehicles safely. Still, situations can rapidly turn hazardous through no fault of the tow truck crew.
Liability Issues in Tow Truck Accidents
Liability determination gets complicated when tow trucks are involved in crashes. The tow truck driver, owner of the disabled vehicle, trucking company (if applicable), insurance companies, and other drivers can all potentially share fault.
Key factors examined to assign blame include:
Actions of the Tow Truck Driver
How the tow truck operator behaved is crucial. Did they follow proper procedures in securing and moving the vehicle(s)? Were they driving in a safe manner? Did they take reasonable precautions for roadway hazards? Tow companies can be held responsible for mishandling vehicles or negligent driving by their employees.
Condition of the Towed Vehicle
If a towed vehicle comes loose because it was improperly secured, the tow truck operator is likely at fault. However, liability may fall on the owner if the vehicle had pre-existing issues like faulty equipment or damage that contributed to the accident.
Third-Party Negligence
Another driver’s actions often play a role in tow truck crashes. Distracted, impaired, or reckless drivers frequently rear-end tow trucks or collide with vehicles in tow. While these motorists are responsible for their poor driving, tow operators may share liability if they failed to take proper safeguards like using warning lights.
Roadway Conditions and Maintenance
Poor road design, lack of signs or signals, and hazards like potholes or debris can also contribute to tow truck accidents. If government agencies failed to address known problems, they may have neglected their duty of care.
Employer Policies and Training
Tow companies must properly train drivers and establish safe procedures for securing and towing vehicles. If policies are lacking or training inadequate, the company could shoulder responsibility along with the tow truck driver.
Weather and Environmental Factors
Inclement weather like rain, snow, and fog can make towing very treacherous. However, tow truck drivers are expected to adjust their driving accordingly. If unsafe speed or improper use of lights under the conditions contributed to an accident, the operator would likely hold liability.
Mechanical Failures
Equipment problems with the tow truck, such as faulty brakes, tires, or lighting, can cause accidents as well. The tow company may be negligent if they failed to properly maintain and inspect the truck. Manufacturers could also be liable if defects led to malfunctions.
Special Rules for Towed Commercial Vehicles
Wrecks involving towed tractor-trailers, buses, and other large commercial vehicles bring additional liability considerations into play. The sheer size and weight of these vehicles make accidents more damaging and dangerous.
Factors like hours of service violations by the truck driver or trucking company errors in maintenance and inspections can be cited. The towing company must adhere to special laws on lighting, markings, and escort vehicles for hauling oversize loads. With multiple corporate entities potentially at fault, these cases become even more legally complex.
Damages and Compensation in Tow Truck Accident Claims
When tow truck crashes occur, injured victims face medical expenses, lost income, vehicle repair/replacement costs, and other damages. Compensation sources can include:
- Liability insurance policies of drivers and companies at fault
- Underinsured/uninsured motorist coverage if a negligent driver lacks sufficient insurance
- Employer policies for tow truck drivers or other commercial drivers
- Personal injury protection (PIP) and medical payments coverage in auto policies
- Worker’s compensation for injuries to tow truck drivers on the job
With so many parties potentially sharing liability, identifying all applicable insurance and assets is critical in tow truck wreck claims. This is where an experienced Tennessee truck accident attorney can help protect your right to maximum compensation as an accident victim.
Long-Term Effects of Injuries
Beyond immediate medical treatment, accident victims often face long recovery periods and lasting health impacts. Head and spinal injuries, broken bones, burns, and psychological trauma can have permanent consequences. Addressing costs of disability accommodations, chronic care, loss of income, and pain and suffering requires legal expertise.
Navigating Complex Insurance Claims
Insurance investigations by multiple providers make tow truck accident claims very involved. Having an attorney deal directly with insurers while you focus on healing can remove headaches. An aggressive negotiator and thorough investigator can overcome disputes or delays in obtaining fair claim settlements.
Protect Your Rights with Experienced Legal Representation
The complex legal and insurance issues surrounding tow truck accidents call for guidance from a lawyer familiar with Tennessee negligence law and liability rules. The personal injury attorneys of Monge & Associates represent injury victims statewide and are ready to take on your tow truck liability case. Contact us for a free consultation at 888-477-0597 to discuss your options and legal rights. With our dedicated help, you can recover fair compensation while we handle the legal complexities.
Don’t settle for less after suffering injuries and vehicle damage—take action to overcome negligence and hold tow operators and other responsible parties fully accountable! With 32 offices in 19 states, including Tennessee, Iowa, and Arizona, our experienced team is here to listen to you and fight for justice. Call today to start building your strongest possible case with Monge & Associates.