Tow Truck Accidents & Legal Options
People may associate tow trucks with the aftermath of an accident rather than its cause. These trucks perform a useful service to drivers when cars are disabled. However, tow trucks also pose a risk of serious accidents when they are not operated correctly. Some tow truck accidents result from the same reasons as any other truck accident, such as speeding, distracted driving, truck driver fatigue, or the use of alcohol or drugs. Other causes involve the distinctive function of these trucks. A driver may fail to park the tow truck safely off the road while they are assisting a disabled vehicle. Failing to properly secure a disabled vehicle to a tow truck also may cause an accident if the disabled vehicle becomes detached from the truck and veers across the road.
Sometimes a tow truck driver did not cause a crash. A tow truck company may fail to arrange for routine maintenance and repairs, or a maintenance company may perform its work improperly. An ensuing malfunction may cause a crash. In other situations, a defective component of a tow truck causes an accident.
Legal Options for Victims of Tow Truck Accidents
The occupants of a passenger car may suffer devastating injuries from colliding with a tow truck. Treatment costs can mount quickly, and victims may not be able to work. If a tow truck driver, towing company, or truck manufacturer caused an accident, a victim can pursue compensation for their medical bills, lost wages, and other out-of-pocket costs. They also may receive damages for non-economic forms of harm, such as pain and suffering and lost enjoyment of life. Proving the liability of a truck driver or a trucking company usually involves showing that they did not act with reasonable care. Proving the liability of a truck manufacturer may involve showing a design or manufacturing defect.
If a victim shared the fault for an accident, they still may be able to recover a reduced amount of damages. For example, perhaps a tow truck driver failed to pull their vehicle fully onto the shoulder, while a driver of a passenger car was speeding down the highway. Most states apply a comparative negligence rule to this situation. If the speeding driver was 30 percent at fault and sustained $350,000 in damages, they could recover $245,000 (70 percent) of those losses. In many states, a victim cannot recover damages if they were at least 50 or 51 percent at fault. This is known as a modified comparative negligence rule. A harsh contributory negligence rule applies in only a few states, preventing a victim from recovering damages if they were at fault to any degree.
A statute of limitations governs personal injury cases in each state. This defines the time period within which a lawsuit must be filed. A court can dismiss a case for violating the statute of limitations, regardless of its substantive merits. Victims of tow truck accidents thus must make sure to assert their legal rights promptly. Ideally, they should set up free consultations with truck accident lawyers soon after an accident. This can help them understand their rights and the scope of the compensation that they may recover.
