SECRETS of Tow Truck Driver Car Accident Claims REVEALED! Tow truck accidents aren’t rare. These large and heavy vehicles cause serious accidents that often result in severe injuries. Tow truck accident claims require a diligent approach, in-depth investigation, extensive evidence collection, and strong legal arguments. If a tow truck crash hurt you, you must start legal action as soon as possible to recover fair compensation. Building a strong case depends on many different factors, including your ability to prove the driver’s negligence and present strong arguments to the insurance company or the court. Take a closer look at key secrets of tow
truck accident claims.
1. You Can Hold Tow Truck Companies Responsible
If the truck driver is on duty when they cause an accident, their employer can be responsible. The towing company may be liable for the driver’s negligent actions when they are behind the truck’s wheel. Filing a claim with the tow company’s insurance is often better than with the truck driver’s company. These insurance policies usually have higher limits, so you can recover fair compensation without taking the case to court. Many tow truck drivers work as independent contractors. If this is the case, they bear the responsibility for the accident, so you must file a claim with their insurance company. 2. You Can Sue the Tow Truck Driver
If the truck driver wasn’t on duty at the time of the accident they caused, they are responsible for the crash. You must file a claim with the driver’s insurance company. If the truck driver doesn’t have auto insurance, the only way to recover damages is to file a lawsuit. To maximize your chances of winning a lawsuit, you need to have high-quality evidence, prove negligence, and build a strong case. While the law doesn’t obligate you to hire an attorney, going to court without one can be challenging. Many
tow truck accident victims opt for working with experienced lawyers who help them recover fair damages.
3. Tow Trucks Have Cameras
Many tow trucks have cameras. Their main objectives are to:
- Capture unsafe driver behavior.
- Prove that the tow truck driver had the right to tow a car.
- Provide a clear picture of what happened in case there is an accident.
Getting access to this footage can strengthen your case. While the tow company isn’t likely to release this footage to a person who wants to sue them, a lawyer can request it as evidence. If they manage to do this quickly, the chances of the driver or the company erasing the footage are lower.
4. Tow Trucks Don’t Get Special Treatment
Some people mistakenly believe that tow trucks get special treatment as police or fire departments do. When it comes to the behavior on the road, tow trucks are regular traffic participants. This means that they abide by the same laws as other drivers do. When you file a claim after an accident with a tow truck, you follow the same procedure as you would with another vehicle. If a tow truck driver causes the accident, and you can prove it, you can recover damages from their insurance policy. If the policy limits are too low, you can take the driver or the tow company to court.
5. Not All Injuries Are Obvious
Just because you don’t hurt after a tow truck accident doesn’t mean you aren’t injured. Before filing a claim with the tow truck driver’s insurance company, you must fully evaluate your damages. Even if the accident isn’t serious, you still need to go to the emergency room or visit your doctor. Some injuries don’t manifest themselves immediately. It could take several days for effects to appear. Get a full medical evaluation before filing a claim. Otherwise, you could lose your chance to recover significant damages.
6. Evidence Loses Quality Over Time
The accident scene contains a significant amount of evidence. Each piece is a valuable addition to your case, from tire tracks to camera footage. The first priority is your health when you get hurt in a truck accident. Only a few victims worry about collecting evidence. Evidence tends to fade over time:
- Tire tracks disappear
- Camera footage gets erased
- Witnesses forget details
The longer you wait to start legal action, the harder it is to collect high-quality evidence. Meanwhile, at-fault parties can leave the state, making it harder to hold them responsible and recover damages. The lack of evidence directly affects the strength of your personal injury claim. You may need help identifying responsible parties, proving their negligence, or backing your damage claim.
7. Several Parties May Be Responsible
The
truck driver isn’t the only party that may be responsible for the crash. Several other parties may have contributed, including:
- A third driver. The third driver pulls out in front of the tow truck driver. The tow truck driver swerves and hits your vehicle.
- Government entity. The tow truck driver hits a pothole (or swerves to avoid it), loses control, and hits your vehicle. Alternatively, the government fails to install or repair traffic signs.
- Pedestrian or cyclist. Another traffic participant breaks the rules and causes the tow truck driver to hit your vehicle.
When several parties are responsible for causing a crash, you may be able to file a claim against all of them. Multiple-party lawsuits are complicated. You may need an attorney to help you navigate the nuances.
8. Insurance Companies May Not Always Tell the Truth
You must be ready for a battle when you file a claim with the at-fault party’s insurance company. Their main goal is to minimize the payout. To do that, insurance adjusters can use different tricks. Some of them involve telling half-truths. A person without legal experience can have a difficult time getting through negotiations. The adjuster can find a counterargument for each piece of evidence you present. Some can even threaten to prove that you are solely responsible for the accident. Your goal is to evaluate your case and understand exactly how much it’s worth. Then you can argue with the adjuster about a fair settlement. You can always take the case to court if the insurance company refuses to make a reasonable offer.
9. The First Offer Is the Worst Offer
When you file a claim, you must communicate with the truck driver’s insurance company or their employer. Most likely, they will not accept your request for compensation and will come up with a counteroffer. That’s when negotiations begin. The first counteroffer is usually the worst offer you can get. If it’s close to your initial figure, you could be asking for too little. Consider getting legal assistance to reevaluate your damages and request the right amount. Once you know exactly what your damages are, you can negotiate a fair deal. However, it would help if you were ready for emotional pressure. Without an attorney, achieving a settlement that covers all of your damages can be tough.
10. Non-Economic Damages Are Worth More Than Economic Damages
When making a
personal injury case without legal assistance, many people focus on economic damages but need to pay more attention to non-economic damages. Meanwhile, non-economic damages (also called pain and suffering) can make up a big part of your settlement. To determine non-economic damages, insurance companies and courts usually apply a certain coefficient to the amount of economic damages. The coefficient can range between 1.5 and 5, depending on many factors, including the severity of your injuries. If the total amount of economic damages is $100,000 and the coefficient for non-economic damages is 2, the total payout is 100,000 + (100,000 x 2) = $300,000. That’s why it’s important to prove your right to non-economic compensation. This usually means hiring an expert witness who can testify to the extent of your emotional and physical losses.
11. Expert Witnesses Can Improve Your Case
If you got hurt in a serious tow truck accident, you could recover damages only if you can back your claims with evidence. Many victims don’t understand that providing medical bills may not be enough to claim fair compensation. If you can prove the at-fault party’s negligence, you can recover past, current, and future damages. While past and current expenses may be easy to prove with bills and reports, future expenses take more work to back up with tangible evidence. That’s where expert witnesses come in. Expert witnesses are professionals in their field (usually medical) who can testify about your need for further treatment. For example, if a person breaks a bone, the expert can study the evidence and officially declare how long the rehabilitation is likely to take. This testimony can help you prove that you require additional compensation for future medical treatment and lost wages (if the broken bone keeps you from doing your job). Expert witnesses can also testify to the extent of your non-economic damages and the possible recovery time.
12. Statute of Limitations Have Exceptions
If you file a personal injury lawsuit, you only have a limited amount of time to do so. The statute of limitations that regulates this time varies from state to state. So do the exceptions for it. In Texas, you have
two years from the day of the accident to file a lawsuit against the at-fault party. If you try going to court after this time is up, the judge is likely to dismiss the case immediately. However, the law makes a few important exceptions. The court may toll, or delay, the statute of limitations if:
- You are under a legal disability. If the accident caused you to be “of unsound mind,” the clock will likely start running when the legal disability is over.
- You are a minor. For minors, the clock starts running when they turn 18.
- The at-fault party leaves the state. If the person who is at fault for the accident leaves the state before you can file a lawsuit, you will have two years after their return to do so.
Accordingly, even when the two years are up, you may still be able to recover damages. Consider consulting a personal injury attorney about your options.
13. You Cannot Always Avoid Going to Court
While most personal injury cases settle without court proceedings, facing the jury may be unavoidable. If the insurance company refuses to make a fair payout, don’t hesitate to take the case to court. When you present a strong case to the judge and the jury, you have an excellent chance of recovering a significant amount. Meanwhile, the insurance company may decide to settle before the case goes to trial. If this happens, you have the upper hand.
14. Personal Injury Lawyers Offer Free Case Evaluations
You might be entitled to sizable compensation if you got hurt in a tow truck accident. However, it’s challenging to evaluate the strength of your case without legal assistance. You need to know how much your case is worth to avoid ending up accepting an unfair settlement that doesn’t cover your expenses. If your injuries are severe, you could face serious financial problems. Credible personal injury attorneys offer free case evaluations for their new clients. During such an evaluation, the lawyer reviews your case and decides its potential. This information can help you understand whether your case is viable. An attorney can arrange the evaluation remotely if you are too hurt or busy to travel.
Recovering Damages After a Tow Truck Accident
You may recover compensation if a tow truck accident hurt you. Knowing the key nuances of recovering damages after such an accident can help you achieve a fair settlement—and only a lawyer will know all that entails. Never try to recover damages without
legal assistance—insurance companies love taking advantage of unrepresented plaintiffs. Opt instead for free initial consultations by a local truck accident attorney to strengthen your case.