Austin Tow Truck Accident Attorneys

What to Do If You Are in an Accident with a Tow Truck

Tow truck drivers, like all motorists, have a duty to drive safely. They often transport passengers who are having their cars and other vehicles towed, meaning they also have a duty to keep these passengers safe. Depending on the exact location where a tow truck driver operates, he or she may be subject to federal, state, and/or local laws and regulations. Unfortunately, these regulations are not always followed—often with catastrophic results.

If you were injured in a collision with a tow truck, either as the occupant of another vehicle or a passenger in the tow truck, we can help. At Briggle & Polan, PLLC, our Austin tow truck accident attorneys have extensive experience with complex truck accident claims; we understand what it takes to prove liability and we are prepared to aggressively advocate for you and your recovery.

Call us today at (512) 400-3278 or contact us online for a free, no-obligation case evaluation. Se habla español. 

Recovering Compensation after a Tow Truck Accident

Tow truck accidents can result in bodily injury, death, and property damage, depending on the circumstances involved. Victims of tow truck accidents are typically entitled to recover compensation for their losses when the incident was the result of negligence or wrongful actions. However, determining who is liable for those damages can be complicated.

Tow truck drivers are employed by various private entities. In some cases, these companies may be in contract with a municipal or governmental agency. Even if a tow truck driver acts negligently and this leads to the accident, the company that owns, leases, or contracts the truck may be liable. At Briggle & Polan, PLLC, we often work with accident reconstruction experts and other specialists to determine exactly how the accident occurred and who, therefore, is liable.

When determining who is liable for a tow truck accident, we may look at various factors, including but not limited to:

• Was the driver of the tow truck distracted, fatigued, or intoxicated at the time of the accident?
• Did a tow truck defect cause the driver to lose control over the vehicle?
• Did the tow truck driver properly secure the vehicle that was being carried?
• Did the mechanisms meant to hold the vehicle being towed in place fail?
• Was there enough time for the tow truck driver to react/prevent the collision?
• Did a flaw in the roadway’s design or construction lead to the incident?

We leave no stone unturned in our efforts to secure the full, fair compensation you are owed. If you suffered severe bodily injury or property damage to your vehicle as a result of a tow truck accident, our Austin tow truck accident lawyers can help you work to recover a just settlement for your losses. We also assist family members and loved ones of those wrongfully killed in tow truck collisions. While no amount of compensation can undo the suffering you have been through, a financial recovery can help you navigate unexpected financial burdens and, in rare cases, punish the liable party for negligence.

Are Tow Truck Companies Liable for Damage?

Tow truck companies can be liable for the damages caused by their drivers in a tow truck accident through the legal concept of respondeat superior. This rule describes an employer as liable for the mistakes and wrongdoing of their employees to a reasonable extent. If a tow truck driver causes a crash, then the tow truck company could be liable, especially if the truck driver was using a company vehicle.

Tow truck company liability can increase further if the truck driver:

• Had a long history of reckless driving
• Received no driving or safety training from the company
• Was hired without a background check
• Was encouraged to drive recklessly by their employer

Liability might not shift upwards if the tow truck driver who hit you was not an employee but rather an independent contractor. Respondeat superior might not apply when considering independent contractors, which is another reason why so many companies feel incentivized to work with contractors.

Contact Us Today for a Free Consultation

While we always strive to avoid the time and expense of trial, it is not always possible to secure a fair settlement that meets all of our clients’ needs. When this is the case, you want to have an attorney who is comfortable in the courtroom. At Briggle & Polan, PLLC, we are true trial lawyers; in fact, many attorneys turn to us with complex litigation because we are known for our ability to aggressively represent our clients in trial. If the liable party is unwilling to negotiate with our attorneys, we are not afraid to pursue justice and the fair recovery you deserve by taking your case to trial.

Injured in a tow truck accident in Austin or the nearby areas? Call us today at (512) 400-3278 for a free and confidential case evaluation about your claim. We are available 24/7!