Who is at Fault in a Car Accident Involving a Tow Truck in Texas?
Tow trucks can cause serious damage to other cars in an auto accident. In the case of a stopped tow truck, other cars can drive into the ramp or hook and be seriously damaged. In an accident on the highway, a tow truck is still a large vehicle that can cause serious damage to a smaller car. Especially if the tow truck is carrying another car, you might face serious injuries after a tow truck accident.
If you or a loved one was injured in a tow truck accident, talk to an attorney today. The Dallas truck accident attorneys at The Queenan Law Firm, P.C., may be able to help you seek compensation for your injuries and hold the appropriate parties responsible. However, the concept of who to hold responsible may have a few complications. Our Dallas personal injury lawyer explains.
Holding Towing Companies Responsible for Accidents
When you are hit by a tow truck, there is no automatic determination of fault. The situation depends heavily on the situation at hand, and who was following the law. In many cases, because of the nature of towing, tow trucks are parked on the edges of highways or in strange locations in town. This may place them in positions where they could cause an accident, but that does not always mean the tow truck driver is at fault for the crash.
In order to hold someone responsible for an accident, they must have done something “negligent.” This means that they owed a duty to others (such as other drivers on the road), and breached that duty, causing an accident and injuries. If a tow truck is parked alongside the highway or around a tight corner, they may be acting as a reasonable tow truck driver would, and are not responsible for an accident. If they failed to use warning flags, cones, or flares while towing the other vehicle, they might be held responsible. Moreover, any time a tow truck speeds or breaks the rules of the road, they are just as responsible as any other driver would be.
Not only can you hold the tow truck driver responsible for an accident they caused, but you may also be able to sue the towing company. Many tow trucks are owned by private individuals, and the tow truck driver may be the only person to hold responsible. However, if the truck is owned by a towing company or hired through some roadside assistance program, those companies may share some responsibility for the tow truck driver’s errors.
In the case of a towing company employee, the tow truck company may be held responsible for the accidents and injuries its employees cause. In Texas, an employer is often responsible for the injuries and problems that its employee causes while working within the scope of their employment. That means that the towing company could be held responsible for accidents a tow truck driver causes either while driving or while hooking up a vehicle to the towing mechanism, since those activities are all within the scope of their employment.
Compensation for Tow Truck Accidents
Injuries from a tow truck accident may be quite severe. Because tow trucks are large, heavy vehicles, they can cause serious damage to smaller cars when they cause an accident. When a tow truck is carrying another vehicle, it is even heavier. Similarly, tow trucks could damage other vehicles and injure their occupants if the car they are towing were to fall off or come loose during travel.
If you were injured in a tow truck accident, you may be able to claim compensation for a number of areas of “damages.” The first is medical expenses. Any money you spend for medical treatment, care, medical devices, and more may be compensated in a car accident lawsuit. If you missed work or will not be able to return to work because of your injuries, you may be entitled to claim lost wages. This can help compensate you for any paychecks you missed, and allow you to support yourself and your family, even through severe injuries. Lastly, you may be entitled to compensation for your pain and suffering. Determining how much these damages are worth usually depends on your specific situation, injuries, and the effects of your injuries.
After a tow truck accident, the towing company or the driver might try to convince you to accept a settlement or use their insurance company to cover your injuries. However, Texas law may give you the opportunity to sue in court instead. This may open you to compensation that insurance companies may otherwise refuse. Always talk to an attorney before accepting anything from the person who injured in you in an auto accident.
Dallas, Texas Tow Truck Injury Lawyers
The Dallas car accident attorneys at The Queenan Firm may be able to help you seek compensation after an accident with a tow truck. If you were injured or if you lost a loved one to a car accident in Dallas, call our firm today. Our lawyers will investigate which parties to hold responsible, and fight them in court to get you the compensation you deserve. Call (817) 476-1797 today for a free consultation with our lawyers.