Tow Truck Accident
According to the Bureau of Labor Statistics, the rate of annual nonfatal injuries among motor vehicle towing workers from 2011 to 2016 was over double the rate for all industries. Towing truck companies face a fairly great risk every time that they start their job. It is an unusual setup and requires great precautions to avoid injury. If you or a loved one has been in a tow truck accident, contact us for a free consultation to see if you may be entitled to compensation.
What kind of accidents or injuries can result?
Firstly, tow truck accidents can happen in the same way as any other type of motor vehicle accident. That would be by drunk driving, fatigued driving, distractions, failure to follow traffic lights, failure to follow traffic signs, and more. However, the car that the tow truck gets in a collision will almost certainly experience more damage due to the much greater weight of the truck. These accidents can result in anything from minor bruising and some scrapes to death.
Another type of accident is if the tow truck driver is inexperienced, unqualified, or poorly trained. Tow truck drivers require a certain amount of training and qualifications to be able to legally and safely operate the truck. When they do not have one of these requirements, a car being towed may be improperly secured or attached, the truck may make too sharp of a turn causing a rollover accident, and more. These injuries can also range and be very severe. They may include bruising, broken bones, fractures, whiplash, concussions, neck or back injuries, or death.
Also, due to the fact that there are various types of tow trucks – flatbed tow trucks, integrated tow trucks, wheel-lift tow trucks, and hook and chain tow trucks – there are many different mechanisms involved among them to get a certain type of vehicle in the towing position. It is imperative that tow trucks are regularly maintained and inspected to ensure that they are as safe as possible and no parts are defective or malfunctioning. If it does malfunction due to a lack of inspection by the truck’s company, then the injuries can be devastating and cause you to lose control of the vehicle.
Who is liable?
These cases are based on negligence, which is determined by finding if the other party owed you a duty of care, breached that duty of care, your injuries directly resulted from their actions, and you suffered actual damages and losses.
If the accident was a motor vehicle collision with any other type of vehicle, then liability would fall on whichever party was behaving against the law and failing to follow traffic laws and rules of the road. Your attorney can use their ample resources to investigate the accident and determine this answer for you. If the accident was due to driver inexperience or poor training, the employer may be liable for the negligent hiring of an unqualified worker. This is because it is the employer that is putting the rest of the drivers on the road in danger by sending his or her driver out on the truck. If the truck has a defective part, the auto manufacturer or product manufacturer can be held liable under product liability laws. The manufacturer would be responsible for releasing a defective and potentially dangerous product to the public. If the accident was due to a lack of proper maintenance and inspection, the employer can be held liable, once more, since that is their duty to provide a safe working environment for their employees. Ultimately, failing to do so is negligent and leaves them liable for the accident.
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Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 950 outstanding client reviews on our website, an A+ BBB rating, and over 130 five-star reviews on Google. Call 888-572-0176, email us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.
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