Tow truck drivers should ensure you and your vehicle’s safety when towing. If they caused a tow truck accident, you may file a claim against the driver or their company, depending on the circumstances of the crash. You may receive compensation to cover the monetary burden of the collision and ensure financial stability in such cases.
A tow truck accident may be an incredibly upsetting and stressful experience, just like any other kind of accident. You might be unsure of your legal options after being in a tow truck accident, especially when you are unsure of who the liable party is for the crash.
This article will discuss the legal consequences of tow truck accidents and whether you can sue for damages to compensate for your losses.
Can a Tow Truck Cause An Accident?
Tow truck companies offer their services when you need to transport malfunctioning vehicles stuck on roads and highways. This usually happens when you are involved in an accident that results in a damaged car or a poorly maintained vehicle malfunctioning on the road.
Due to their weight and size, tow trucks need longer stopping distances and time than passenger cars. If tow truck drivers fail to maneuver their vehicles at the right time, it can cause catastrophic accidents, resulting in significant injuries and other damage.
Sometimes, a tow truck accident may happen if the vehicle being transported isn’t secured correctly or the driver acts negligently while driving. According to the Bureau of Labor Statistics, an estimated 1,280 tow truck workers are injured each year.
Can I Sue If I’m Involved in a Tow Truck Accident?
If you are involved in a tow truck accident caused by another driver’s negligence, you may file a claim against the at-fault party. However, you must have the necessary evidence demonstrating that the crash resulted from their wrongdoings.
Generally, a driver’s negligence can be evident under the following circumstances:
- The driver was responsible for ensuring everyone’s safety.
- They failed to fulfill this duty.
- The breach caused an accident.
- The crash resulted in injuries and other damages.
Moreover, the following pieces of evidence will help support your claim:
- police report,
- witness testimonies,
- car accident photos,
- CCTV or surveillance footage,
- the truck driver’s log, and others
Accidents with large trucks may become catastrophic. In most cases, a tow truck accident lawyer can assist in gathering proof and proving liability in a tow truck accident if the victim incurred significant injuries.
Liability in a Tow Truck Accident
Depending on the circumstances, certain entities can be liable for a tow truck accident, such as:
The Tow Truck Driver
You may bring a claim against the truck driver if they breached traffic laws, leading to your accident. Driver errors that may hold a tow truck driver liable include the following:
- speeding,
- shifting lanes dangerously,
- tailgating,
- driving while impaired,
- driving when fatigued and other traffic violations.
Additionally, they can be liable if they operated the vehicle beyond their working hours during the crash or if they worked independently.
Tow Truck Company
A tow truck company may be responsible for a collision resulting from their negligence. This can happen under the following circumstances:
- They imposed extreme work shifts, causing the driver to be fatigued while working.
- They failed to facilitate proper work training for their drivers.
- They were unable to provide the necessary truck upgrades.
- They hired an irresponsible driver despite their bad driving history.
While it is possible to file a claim against the tow truck company, this may be more challenging, especially since they didn’t have direct contact with you at the time of the accident. However, a truck accident lawyer can examine the facts of your case and proceed to trial if they need to subpoena certain documents proving the company’s liability.
Other Negligent Parties
Sometimes, neither the tow truck driver nor the company are liable for the crash. There are cases where other parties are at fault for a tow truck accident, such as when:
- The collision occurred on a poorly maintained road. In this case, you may file a claim against the local agency responsible for maintaining the road.
- A truck manufacturer releases defective truck parts or vehicles. When this happens, the truck manufacturer should cover the accident damage.
- There are multiple parties involved in the accident. In some instances, you may file various personal injury cases if you are involved in a tow truck accident involving several at-fault parties.
You can prove your case and obtain the tow truck settlement you deserve with the help of a truck accident lawyer who understands the legalities of a personal injury case.
What Happens If a Tow Truck Damages My Car?
If you incur property damage in an accident with a tow truck, you may still receive compensation for the damage it caused. While you can settle your claim independently if the crash results in minor damage, you might still need the help of a tow truck accident lawyer to determine if you have late-appearing injuries and seek restitution for them.
Remember that not experiencing immediate pain after a tow truck accident does not necessarily mean you are not injured. Before taking any legal action against the tow truck driver’s insurance company, it is crucial to assess the extent of your damages thoroughly.
Even if the accident seems minor, it is still necessary to seek medical attention. Some injuries may not exhibit symptoms immediately, and their effects may take several days to become apparent.
How Can I Maximize My Tow Truck Accident Settlement?
Accidents with tow trucks might be overwhelming. They usually result in significant property damage or catastrophic injuries due to their size and weight. However, there are instances where injured victims fail to consider their total loss from a tow truck accident.
For instance, you sustained a long-term arm disability from a crash. The tow truck company then offers a settlement that covers your current medical expenses. While this may seem enticing, accepting it prevents you from getting compensation for the emotional distress you experienced from the collision and the rehabilitation and treatments needed in the future.
A tow truck company has the knowledge, experience, and resources to protect your legal rights while you focus on your health recovery. They can examine the facts of your case, collect the necessary evidence to establish your claim and prove liability to win your claim.
