Tow Truck Accidents
LexInter | September 6, 2022 | 0 Comments

Determining the Liability in Tow Truck Accidents

Towing accidents are a common occurrence on our nation’s roads. The most common type of towing incident is when a vehicle becomes stuck, and another vehicle stops to assist in getting the car unstuck. Many factors contribute to these types of accidents, including distracted drivers, alcohol consumption, driver fatigue, and weather conditions such as snowy or icy roads that may cause dangerous driving conditions.

Factors Used In Determining The Liability In Tow Truck Accidents

1. Who Is In Violation Of The Law?

Tow Truck Accidents

The first factor determining liability in tow truck accidents is which driver violated the law. If one driver is driving too fast, or if they are distracted by a cell phone or some other object, they may collide with a vehicle legally waiting at a stop sign. In this case, the speeding or distracted driver will be found liable for causing the accident. Similarly, suppose a tow truck driver is driving too fast or distracted by their phone and hits another vehicle legally waiting at a stop sign. In that case, the tow truck driver will be liable for causing the accident.

2. Driver Negligence

The second factor in determining liability in tow truck accidents is driver negligence. Even if they find the other driver to violate the law, this does not automatically mean they will be found liable for causing the tow truck crash. To find liability, the other driver has to be at fault for their conduct and have acted negligently. If a driver is careless or driving irresponsibly, but no actual legal violations occur, it may not result in liability. The courts examine driver conduct more closely than legal violations, and negligence is often the critical factor in liability determinations.

3. Insurance Issues

Kind of insurance

The third factor relevant to determining liability in tow truck accidents is the type of insurance coverage that the driver has. When they find a tow driver with adequate insurance coverage, they will likely be found not to be at fault for causing the accident. Typically, drivers will purchase personal injury liability only or commercial liability-only insurance policies. However, some states have a “fellow-servant” rule, which means that the tow truck driver will be responsible for paying their employer if they were at fault for causing the accident.

4. Workplace Rules

Tow Truck Accidents

Suppose a driver was operating outside their employment scope and caused an accident. In that case, they may be found liable for causing the collision because they failed to adhere to company rules and procedures. It would be the case if the tow truck driver were sexually harassing a passenger, damaging company equipment, or intoxicated or impaired while on duty. Additionally, employees make mistakes, which can result in an accident. When they did not adequately train a tow driver in certain situations, they might be liable for causing the accident.

Tow truck accident lawyers can be helpful when assessing liability in tow truck accidents. Regardless of the type of insurance coverage that a driver has, it is essential to educate yourself on specific issues that surround liability issues in tow truck crashes. Every state has different standards and criteria for determining the liability of drivers, and accident lawyers can help you understand how to prove who was at fault and who should pay your damages.

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