Calling a tow truck is necessary if you find yourself stranded on the highway after a breakdown or if you were in an accident. Tow trucks are an important part of traffic safety. However, what happens when the tow truck causes the accident? If you have been involved in an accident with a tow truck, contact an experienced lawyer today. An attorney can help you learn more about your right to financial recovery after an accident.
Major Causes of Tow Truck Accidents
A tow truck accident can happen for many reasons. No matter the reason, you deserve compensation for your injuries, damages, and other losses. Working with an experienced tow truck accident attorney is the best way to get the full and fair financial recovery you deserve after an accident.
Inadequate Training
Tow truck companies are responsible for training their drivers. Failure to provide adequate training before letting their trucks onto the road can mean the company and the driver are each liable for the accident. Working with an attorney will help ensure that you hold the company accountable for inadequate training.
Bad Road Conditions
Sometimes accidents happen because of bad road conditions. Poorly maintained roads, like streets with cracks and potholes, can easily cause accidents. You might have a legal claim against the city, state, or other government entity if bad road conditions caused your accident.
Driver Error
Driver error is a common cause of tow truck accidents. Examples of driver error include fatigued, impaired, and distracted driving. A thorough investigation into the facts of the case can reveal if a driver’s error caused the accident.
Vehicle Malfunctions
Drivers and towing companies are responsible for maintaining their vehicles. Common examples of required maintenance for most vehicles include checking the tires, oil changes, and brake repairs, among other types of regular maintenance.
Visibility Issues
Visibility issues can cause serious accidents. Tow trucks tend to have large blind spots or areas of traffic that the driver cannot readily see. However, the tow truck driver remains responsible for ensuring they do not make unsafe lane changes by failing to check their blind spots properly.
Insurance Coverage Requirements For Tow Trucks
Federal law requires tow truck drivers to carry insurance. There are various types of insurance coverage that a tow truck driver and the company they work for might carry. An attorney can help understand your right to recover compensation despite the available insurance type.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) regulates the operation of tow trucks across the country and, therefore, the types and amount of insurance coverage each driver and company must carry for their vehicles.
The FMCSA requires the following minimum amounts of insurance coverage for tow trucks:
- Non-hazardous materials- $750,000.
- Hazardous materials- $1-5 million, depending on the types of hazardous materials.
The FMCSA also regulates the towing industry by protecting consumers from predatory towing. Predatory towing includes bad company practices like overcharging, damaging assets, stealing assets, and withholding the release of a vehicle from the consumer.
Collision Coverage
Collision coverage pays for damage to the tow truck itself if the vehicle sustains damage after a collision with another vehicle.
Property Damage Liability Coverage
Property damage liability coverage pays for a victim’s vehicle if the tow truck driver’s negligence caused the accident. If your vehicle is damaged after an accident, you might have a claim against the tow truck driver’s property damage liability coverage.
Bodily Injury Liability Coverage
Bodily injury liability insurance coverage covers medical expenses if the tow truck driver is found liable for causing the accident that caused injuries to other people in an accident.
Comprehensive Coverage
Comprehensive insurance coverage pays for damage to a tow truck caused by a non-collision event such as theft, fire, natural disaster, or vandalism.
Cargo Insurance
Cargo insurance covers damage to the vehicle being towed. Cargo insurance coverage is vital, especially if the vehicle being towed is damaged during transport.
Umbrella Insurance
An umbrella insurance policy offers the accident victim additional financial coverage beyond basic liability coverage. Accidents covered under an umbrella policy have an extra layer of protection.
Common Defendants In Tow Truck Accidents
Because of the nature of the towing business, there are usually multiple potentially responsible parties. An attorney can help sort out the facts of your case and ensure that each party accountable for causing the accident is brought to justice.
Potentially responsible defendants in tow truck accidents usually include the following:
- The tow truck driver
- The towing company
- Companies hired to maintain the vehicles
- City, state, or local government entities
- Other drivers
- Vehicle part manufacturers
No matter who caused the accident, contact a personal injury lawyer if you have suffered an injury in a tow truck accident. An experienced tow truck accident attorney will help you understand your rights after an accident and collect the compensation needed to get your life back on track.
What Damages Are Available After a Tow Truck Accident?
The damages available after a tow truck accident depend heavily on the facts surrounding the crash. Generally, damage falls into one of three categories. Tow truck accident victims usually find themselves collecting a combination of economic, non-economic, and punitive damages. Each of these categories is explained in greater detail below.
Economic Damages
Economic damages are the tangible losses that victims face after an accident. In tow truck accident cases, victims might face some of the following types of economic losses because of the crash:
- Current and future medical expenses
- Current and future lost earnings and lost earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are typically more challenging to identify. These losses are intangible, and some victims do not realize they have suffered from a non-economic loss. Examples of common non-economic damages can include the following:
- Mental and emotional distress
- Loss of enjoyment of life
- Reduced quality of life
Punitive Damages
Punitive damages are non-compensable to the victim. Courts award punitive damages when the defendant’s behavior is so outrageous that it needs to be deterred in the future. Punitive damages are not always available in every case. Your attorney can help you understand the availability of punitive damages in your case.
Discuss the facts of the accident in great detail with an attorney to ensure that you have identified each of your losses and that you receive maximum financial recovery after a tow truck accident.
Common Injuries In Tow Truck Accidents
There are some common injuries in tow truck accidents. Tow truck accidents are serious, and you will likely need immediate medical help after getting into an accident. Here are some of the most common tow truck accident injuries.
Spinal Injuries
Tow truck accident victims might suffer from back injuries, including herniated discs, spinal cord injuries, and fractured vertebrae.
Head And Brain Injuries
Head injuries are a serious risk after a tow truck accident. Victims might suffer from concussions, contusions, or diffuse axonal injuries.
Soft Tissue Injuries
Soft tissue injuries are less severe than other types of injuries. Examples include lacerations, cuts, bruises, and body contusions.
Broken Bones And Fractures
Broken bones and fractures are common after a tow truck accident. Tow truck accident victims might face broken arms, legs, and other bones. Some victims also suffer pelvic fractures.
Chest And Abdominal Injuries
Given the size and weight of tow trucks, chest and abdominal injuries are common. Some victims have severe injuries, including fractured ribs, internal bleeding, and organ damage.
Neck Injuries
Neck injuries happen a lot to tow truck accident victims. Many tow truck accident victims might face the effects of whiplash and muscle strain.
Psychological Injuries
Tow truck accident victims may recover from the mental and emotional trauma that they face after a crash. Some of the common psychological injuries that victims face include post-traumatic stress disorder (PTSD), anxiety, and depression.
Share the full extent of your injuries with your personal injury lawyer after a tow truck accident. An experienced attorney will help by supporting you through each stage of your case until you receive the financial recovery you deserve.
Special Considerations For Tow Truck Accidents
Tow truck accidents come with a special set of considerations that victims should contemplate after injury. The following facts are unique to tow truck accident cases to protect your options and legal rights after a tow truck accident.
Driver Training And Operations
Applicable laws determine how tow truck drivers must drive. Tow truck drivers must hold proper licensure and certification before they begin driving. Most states require that tow truck drivers must hold at least a commercial driver’s license (CDL). Failure to hold the correct licensure and certification can impact liability.
Regulatory Compliance
Tow truck drivers must comply with rules created by the Department of Transportation, local ordinances, and other institutions with legal authority over the industry. Examples of regulations that drivers must follow include vehicle maintenance requirements, driver qualifications, and operating procedures. Compliance is crucial to determining liability.
Involvement of Multiple Parties
Many people might share liability in a tow truck accident. In particular, other drivers might share responsibility for causing the accident. Establishing fault among multiple parties requires a thorough investigation. Working with an attorney is the best way to ensure that all potentially responsible defendants are held accountable for causing the accident.
An experienced tow truck accident attorney will help you navigate the process of getting compensation after a crash. Your lawyer will help you understand the special considerations for tow truck accidents.
What Should I Do After a Tow Truck Accident?
The steps you take after a tow truck accident are vital to the success of your case. Consider taking the following steps after getting into a traffic crash with a tow truck.
Seek Medical Attention
Immediately seek medical attention after a tow truck accident. It is vital to your physical well-being and legal claim that you immediately see a doctor. Some injuries are not immediately apparent without a medical evaluation.
Make sure to comply with the physician’s treatment plan, too. Not completing a treatment plan or failing to follow up with your care team can mean that you will not receive the fair compensation that you deserve after an accident.
Notify Your Insurance Company
The terms of your insurance policy might require you to report that the accident happened to remain in compliance with your insurance policy. Consult an attorney before you speak to an insurance company.
Consult With An Attorney
Speak to an attorney immediately after an accident. Having a lawyer means your legal rights are protected after getting injured in a tow truck accident. An attorney will answer your questions and help you understand what steps to take after getting into an accident.
How Long Do I Have To Sue After a Tow Truck Accident?
Tow truck accident victims do not have unlimited time to sue for compensation after a crash. Time is of the essence. Every tow truck accident claim is subject to the applicable statute of limitations, a deadline set by law that limits the time victims have to sue and pursue compensation after an accident.
The statute of limitations is one of the various procedural rules that accident victims must follow or risk dismissal of their case. An attorney will help follow all the rules and meet every deadline to protect your legal right to compensation.
Contact a Tow Truck Accident Lawyer Today
You deserve fair financial compensation after a tow truck driving accident. Hiring an attorney is the best way to ensure you are not denied the monetary recovery you are entitled to after an accident. Don’t wait to take action. Contact a reputable tow truck accident lawyer today to schedule a consultation. Time is of the essence in personal injury cases, and the sooner you seek legal representation, the better chance you have of achieving a favorable outcome. Remember, a knowledgeable lawyer will fight tirelessly to protect your rights and help you recover the compensation you deserve. Contact an attorney today if you or a loved one has suffered an injury or been killed in a tow truck accident.