What You Need to Know About Tow Truck Accidents

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When we see tow trucks they’re often on the side of the road helping another vehicle. If you have ever needed a tow truck, you probably have a special appreciation for the men and women who drive these vehicles. Tow trucks provide an essential service that helps thousands of citizens get safely home every day. But like any large truck, their sheer size, among other factors, puts them at a higher risk of being involved in a serious accident.

Large trucks lack the visibility of vehicles with a lower profile. They take longer to stop, and they outweigh passenger vehicles to the extent that even in a minor accident they can cause serious damage. A serious accident with a tow truck can cause life-threatening injuries. If you were in a tow truck accident, contact an experienced truck accident attorney to learn more about what comes next.

Types of Tow Trucks

Tow trucks come in a variety of different styles. The main distinguishing factor is how a tow truck hooks up and transports vehicles. While it’s easy to lump tow trucks into one broad category, each type of tow truck has different functions and different features that can contribute to an accident. The four main types of tow trucks include:

Hook and Chain Trucks

When you think about tow trucks, the image of the hook and chain truck may be the first to come to mind. This model of tow truck uses a hook and chain to haul an immobilized vehicle. While this type of tow truck was common in the past, haulers began to realize this method could lead to substantial body damage to the vehicle being hauled. Hook and chain trucks still exist, but they usually only haul damaged or junk vehicles.

Flatbed Trucks

Flatbed tow trucks are the ones you see the most on the road. This type of tow truck consists of a cab and a large, open flatbed. The towed vehicle can either drive onto the bed via a ramp or the driver uses a winch to pull the vehicle up.

Integrated Tow Trucks

Integrated tow trucks are meant to transport larger vehicles, like buses and other trucks. For this reason, they are larger and have an extra axle for added stability.

Wheel Lift Tow Trucks

Wheel lift tow trucks work similarly to hook and chain trucks, but rather than using a hook and chain, they rely on a hydraulic lift, known as a yoke. The yoke lifts the vehicle’s front wheels off the road to prevent damage to the vehicle. Wheel lift tow trucks are known for their efficiency and are often used to remove vehicles in emergencies.

Why Do Tow Truck Accidents Happen?

Tow trucks and accidents are like peas and carrots. When you think of one, it’s hard not to think of the other. But as readily as they help clean up an accident, they are just as capable of causing an accident. Common causes of tow truck accidents include:

Mechanical Failures

Large trucks have their own unique set of challenges. For starters, their large blind spots can make it difficult for the driver to see other vehicles around them and their immense size means they take longer to stop. So the last thing you want to think about is a mechanical failure on a vehicle of this size. Unfortunately, mechanical issues happen at an alarmingly high rate. The FMCSA Large Truck Crash Causation Study found that of the truck accidents in the study, 10 percent had mechanical issues.

While brakes topped the list, other mechanical issues included:

  • Improperly functioning safety equipment;
  • Worn or broken tie-downs;
  • Tire issues;
  • Transmission failure; and
  • Steering problems.

Improper Loading

A tow truck driver’s sole job is to transport another vehicle from one place to another. So loading the vehicle should be of utmost importance. Issues can occur when the driver uses improper tie-downs or exceeds the tow truck’s maximum hauling capacity. When a vehicle is improperly loaded, the hauled vehicle can come loose and cause an accident.

Driver Negligence

Driver negligence is the number one cause of all accidents across the United States. In fact, in the Large Truck Crash Causation Study, in cases where the truck driver was at fault, it was driver error that accounted for 87 percent of those accidents.

Driver negligence includes:

  • Speeding: Year after year, speeding accounts for nearly one-third of all motor vehicle fatalities. In the most recent year for which the NHTSA has data available, speeding was the primary cause of 26 percent of all traffic fatalities. Speeding is dangerous, especially for large trucks because the faster they go, the longer it takes them to stop and the more likely the driver is to lose control of the vehicle.
  • Driver fatigue: Far too many drivers get on the road when they are feeling fatigued. Fatigue can cause poor decision-making, impaired vision, and difficulty concentrating. Drivers who work through the night are especially prone to fatigue.
  • Distracted driving: Distracted driving is any activity that takes the driver’s attention off the road. This may include cell phone use, navigation systems, or eating behind the wheel.
  • Failure to yield the right of way: Failure to yield the right of way accidents happen when a truck driver drives into the path of another driver out of turn. Because of their large blind spots, these accidents sometimes happen when a truck merges or changes lanes. They can also happen at an intersection if the driver runs through a stop sign or red light.

You Have Rights After a Tow Truck Accident

When you suffer an injury due to someone else’s negligence, the law entitles you to certain protections. In the case of a tow truck accident, you may have a claim for financial compensation. The law only gives injured people a limited amount of time to file a claim after an accident, so take action right away. If you have suffered an injury, you shouldn’t have to go through your recovery alone. If you need help with your truck accident case or want to know more about your rights, contact a truck accident attorney.

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The timeline varies significantly depending on the complexity of your case, the severity of your injuries, how long your medical treatment takes, and whether the case settles through negotiation or goes to trial. Some cases resolve in a few months, while others can take a year or more.

Yes, under Texas's modified comparative fault rule, you can still recover damages even if you were partially at fault, as long as your fault is determined to be 50% or less. Your settlement amount would be reduced by your percentage of fault.

A settlement is an agreement reached between the injured party and the at-fault party (or their insurance company) outside of court. A verdict is the decision reached by a judge or jury after a case goes to trial.

Generally, compensation received for physical injuries and sickness in a personal injury settlement is not taxable by the IRS. However, punitive damages or compensation for lost wages (depending on how it's categorized) might be. It's always best to consult with a tax professional.

A lawyer helps you get a higher settlement by accurately valuing all your damages (including future medical needs and pain and suffering), gathering strong evidence, proving liability, handling all communications and negotiations with insurance companies, and being prepared to take your case to court if a fair settlement is not offered.

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At Kenny Perez Law, we bring all of these qualities to every personal injury case we handle. Our deep roots in the Rio Grande Valley community, combined with our proven record of success, make us the right choice for injury victims throughout Brownsville and surrounding areas.

  • Personal attention: You'll work directly with experienced attorneys, not paralegals or case managers
  • Bilingual services: Fully fluent English and Spanish communication at every stage
  • Transparency: Clear explanations of your case, options, and realistic expectations
  • Availability: We\'re here when you need us, including emergency situations
  • Compassion: We understand you\'re going through a difficult time and treat you with respect and empathy
  • Aggressive advocacy: We fight tirelessly for maximum compensation while insurance companies fight to minimize payouts
  • Over 300 five-star Google reviews from satisfied clients
  • Millions recovered for injured victims across the Rio Grande Valley
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  • Successful outcomes in complex cases involving catastrophic injuries
  • Strong reputation among judges, opposing counsel, and the legal community

We have the resources to handle even the most complex personal injury cases:

  • Network of expert witnesses across multiple specialties
  • Advanced technology for case presentation and trial graphics
  • Financial resources to advance case costs during litigation
  • Relationships with medical providers who work on lien arrangements
  • Investigative capabilities to thoroughly document liability and damages

As a local firm with offices throughout South Texas, we\’re invested in this community:

  • We live here and raise our families here
  • We understand the challenges facing Rio Grande Valley residents
  • We're committed to making our community safer by holding negligent parties accountable
  • We support local organizations and give back to the community we serve
  • Personal attention: You'll work directly with experienced attorneys, not paralegals or case managers
  • Bilingual services: Fully fluent English and Spanish communication at every stage
  • Transparency: Clear explanations of your case, options, and realistic expectations
  • Availability: We\'re here when you need us, including emergency situations
  • Compassion: We understand you\'re going through a difficult time and treat you with respect and empathy
  • Aggressive advocacy: We fight tirelessly for maximum compensation while insurance companies fight to minimize payouts
  • Over 300 five-star Google reviews from satisfied clients
  • Millions recovered for injured victims across the Rio Grande Valley
  • Proven trial experience in Cameron County District Court
  • Successful outcomes in complex cases involving catastrophic injuries
  • Strong reputation among judges, opposing counsel, and the legal community

We have the resources to handle even the most complex personal injury cases:

  • Network of expert witnesses across multiple specialties
  • Advanced technology for case presentation and trial graphics
  • Financial resources to advance case costs during litigation
  • Relationships with medical providers who work on lien arrangements
  • Investigative capabilities to thoroughly document liability and damages

As a local firm with offices throughout South Texas, we\’re invested in this community:

  • We live here and raise our families here
  • We understand the challenges facing Rio Grande Valley residents
  • We're committed to making our community safer by holding negligent parties accountable
  • We support local organizations and give back to the community we serve

Contact Kenny Perez Law Today

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