14 SECRETS of Tow Truck Driver Car Accident Claims REVEALED!

14 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. Bringing a claim for a tow truck accident requires a diligent approach, in-depth investigation, extensive evidence gathering, and strong legal arguments.

If a tow truck crash hurt you, and you're considering suing a towing company, 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 14 key secrets of tow truck accidents and the legal claims process.

1. Can You Sue a Towing Company to Hold Them Responsible?

Yes! If the truck driver is on duty when they cause an accident, their employer can be partially responsible. The towing company may be liable for the driver’s negligent actions when they are behind the company truck’s wheel.

Filing a claim with the tow company’s insurance is often better than with the truck driver’s insurer. Business insurance policies usually have higher limits, so you may be able to recover fair compensation without taking the case to court.

Hoewver, 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 Also Sue the Tow Truck Driver Directly

If the truck driver wasn’t on duty when they caused the tow truck accident, or if they are an independent contractor, 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, you should determine if you have uninsured motorist coverage under your own auto policy.

To maximize your chances of winning a lawsuit, you need to have high-quality evidence to prove the driver's negligence and build a strong case. While the law doesn’t obligate you to hire an attorney, suing a towing company or individual driver without a skilled lawyer by your side can be challenging.

Many tow truck accident victims wisely choose to work with experienced lawyers who help them recover the maximum amount of damages possible.

3. Tow Truck Accidents are Often Caught on Film

Did you know that many tow trucks have on-board 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.

Gaining 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 through the claims process.

If an attorney manages to request this evidence 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, and tow truck accidents are treated the same as other motor vehicle crashes.

This means that they abide by the same laws as other drivers do. When you file a claim after a tow truck accident, 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 insurance adjuster doesn't offer a fair settlement amount, you can take the driver or the tow company to court.

5. Not All Injuries Are Obvious

Just because you don’t hurt immediately after a tow truck accident doesn’t mean you aren’t injured. Before filing a claim with the tow truck driver’s insurance company or suing a towing 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 show symptoms 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 for injuries you didn't realize you suffered.

6. Evidence From Tow Truck Accidents Loses Quality Over Time

SECRETS of Tow Truck Driver Car Accident Claims REVEALED

A tow truck accident scene contains a significant amount of evidence. Each piece is a valuable addition to your case, from tire tracks to camera footage. Your health should be your first priority when you get hurt in a truck accident. Only a few victims think about collecting evidence.

However, crash evidence tends to fade over time:

  • Tire tracks disappear
  • Camera footage can be 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 your financial losses.

The lack of evidence directly affects the strength of your personal injury claim. You may need help identifying responsible parties, proving their negligence, or further supporting your damage claim. This is where an experienced tow truck accident lawyer can help while you focus on recovering from your injuries.

7. Several Parties May Be Responsible For Your Losses

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. Suppose a third driver pulls out in front of the tow truck driver. The tow truck driver swerves and hits your vehicle. The other driver bears some liability for the accident as well.
  • Government entity. Maybe the tow truck driver hit a pothole (or swerved to avoid it), lost control, and hit your vehicle. Or possibly a governmental entity failed to install or repair traffic signs that led to your accident.
  • Pedestrian or cyclist. If another traffic participant breaks the rules and causes the tow truck driver to hit your vehicle, they could also be held responsible.

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 should consult with an attorney who can 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 for your tow truck accident. Their main goal is to minimize payments to claimants after accidents. 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 negotiating with seasoned insurance adjusters. The adjuster can find a counterargument for each piece of evidence you present. Some may even threaten to prove that you are solely responsible for the accident.

Your personal injury lawyer's goal is to evaluate your case and understand exactly how much it’s worth. Then they 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 Almost Always the Worst Offer

When you file a claim, you (or your dedicated injury lawyer) must communicate with the truck driver’s insurance company or their employer. Most likely, they will not accept your initial request for compensation and will come up with a counteroffer. That’s when negotiations begin.

Unless the insurer offers full policy limits right off the bat, the first settlement offer is usually the worst offer you will receive. If it’s close to your initial figure, you could be asking for too little. Seek qualified legal advice to reevaluate your damages and understand how to respond to the offer.

Once you know exactly what your damages are, you can negotiate a fair deal. However, be prepared for emotional pressure. Without an attorney, achieving a settlement that covers all of your damages will be tough.

10. Non-Economic Damages Can Be Worth More Than Economic Damages

When making a personal injury claim without legal assistance, many people focus on economic damages such as medical bills and lost work income. In addition, they need to pay attention to non-economic damages. Non-economic damages such as pain and suffering and loss of a normal life can make up a big part of your settlement.

To determine non-economic damages, insurance companies and courts usually apply a certain multiplier to the amount of economic damages. The multiplier can range between 1.5 and 5, depending on many factors, including the severity of your injuries.

That’s why it’s important to include your right to non-economic compensation in your demand. This usually means hiring an expert who can testify to the extent of your emotional and physical losses.

11. Expert Witnesses Can Improve Your Tow Truck Accident Case

If you got hurt in a serious tow truck accident, you could recover damages only if you can support your claims with evidence. Many victims don’t understand that providing medical bills may not be enough to receive fair compensation.

If you can prove the at-fault party’s negligence, you can request past, current, and future damages. While past and current expenses may be easy to prove with bills and reports, future expenses are more complicated 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 determine 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 your potential recovery time.

12. Statute of Limitations Have Some Exceptions

If you are considering suing a towing company, you only have a limited amount of time to do so. The statute of limitations that regulates this timeframe varies from state to state. So do the exceptions that may provide a longer or shorter period of time.

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, and you will lose any chance of recovering your losses.

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 may start 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 may have two years after their return to file your lawsuit.

In some circumstances, even when the two years are up, you may still be able to recover damages. Consult with 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 offer a fair payment, you may need 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 fair 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.

Qualified 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 meet in person.

You Have the Right to Recover Damages After a Tow Truck Accident

You may recover compensation if a tow truck accident hurt you and you suffered financial losses.

Knowing the key nuances of recovering damages after such an accident can help you achieve a fair settlement—and only a lawyer will know how to protect your rights and fight for the compensation you deserve.

Don't try to recover damages without the assistance of a skilled personal injury lawyer. Insurance companies love taking advantage of unrepresented plaintiffs. Opt instead for a free initial consultation with a local tow truck accident attorney to build the strongest case possible.