Tow trucks are very useful in clearing disabled vehicles off the road, especially those that are obstructing traffic on a busy road.
However, even tow trucks are not exempt from creating unique hazards that can lead to severe accidents and cause injuries for both the tow truck’s driver and other road users.
If you or your loved one is a victim of a tow truck accident, then you should consult a tow truck accident lawyer to help you prove your negligence in the accident and pursue a claim. You will need professional legal assistance to deal with the complications of the claim and win fair compensation.
Common Causes of Tow Truck Accidents
Due to the size and weight, plus the additional burden of towing other vehicles, tow trucks require meticulous handling to ensure safety on the road.
If the vehicle being towed is not properly secured to the tow truck, it can break loose and cause severe accidents. For instance, a car that detaches on a highway can collide with other vehicles or pedestrians and cause multiple accidents.
Tow trucks are known to have specific weight capacities. However, some drivers overdo it by overloading the truck in the name of towing vehicles beyond its capacity. This can lead to mechanical failures, loss of control, or tire blowouts, which will cause fatalities.
Tow truck drivers often work long shifts. So it’s normal for fatigue or distractions to kick in. This can impair reaction times and also lead to accidents.
The negligence of the towing company in the maintenance of the brakes, tires, or hydraulic systems of their trucks can result in accidents when they are in operation.
Using defective equipment such as worn-out tow cables, chains, or winches to tow a disabled vehicle on a busy road. This can result in a disastrous accident.
Operating a tow truck requires specialized skills and knowledge of safety protocols. However, some towing companies still allow inadequately trained or unlicensed drivers to handle such vehicles. This will cause accidents within their scope of employment.
Steps to Prove Negligence in a Tow Truck Accident Claim
Gather Evidence from the Scene
It’s very important to collect evidence from the accident scene. Strong evidence is vital to a successful tow truck accident claim.
Take photos or videos of the accident scene, such as vehicle damage, skid marks, road conditions, and traffic signs.
You can also collect witness contact information and statements. Also, don’t forget to file a police report to detail the circumstances of the accident.
Demonstrate Duty of Care
You must be able to show that the tow truck driver owed a duty of care to other users on the road. Establishing the duty of care is essential in all personal injury claims. A tow truck accident claim is not an exception to this.
For instance, you must be able to show that the driver of the tow truck violated traffic laws, improperly secured a disabled vehicle, or had faulty equipment due to lack of maintenance.
Prove Breach of Duty
You must be able to prove that the tow truck driver violated their duty of care by their reckless behavior, failure to secure the towed vehicle, or improper maintenance of the truck.
You can use evidence such as dashcam footage, traffic camera recordings, or eyewitness testimony to strengthen your case.
Establish Causation
You must be able to show how the tow truck driver’s negligence directly caused the accident that injured you.
Document Your Damages
You must be able to provide proof of the financial and physical impact of the accident, such as medical bills, repair invoices, lost wages, and the pain and suffering you’ve endured.
