Tow truck accidents are unique and have more complicating factors than a typical crash. Whether the towing company damages your vehicle during a tow, or if you have a collision with a tow truck while on the road, getting the compensation you deserve is not always simple.
At The Collins Law Firm, our tow truck accident lawyers can help you recover your damages from the towing company. This starts by understanding why tow truck accidents are so complex from a legal standpoint.
Just like with any other type of car accident, towing truck accidents can happen from a simple lapse in judgment. If a tow truck driver becomes distracted or decides to make reckless maneuvers, a devastating accident can happen in an instant.
Another major factor is fatigue. Tow truck drivers are professionals who often spend many consecutive hours behind the wheel. They are subject to federal hours of service regulations, but some individuals might choose to risk a violation. There are also times when the towing company might wrongfully urge their drivers to work excessive hours.
Accidents can also happen involving towing equipment. If the driver engages in unsafe towing practices or improperly loads the towed vehicle, it can endanger other people on the road. Poor maintenance and mechanical failures in the winches, hooks and other equipment can also cause an accident.
After a tow truck accident, it is important to follow these steps to ensure your well-being and protect your right to a claim for compensation:
Getting a thorough medical evaluation is an important step that many people overlook after an accident. Tow trucks carry a lot of heavy equipment, so the potential for injury is even more serious. You might experience severe whiplash, brain injuries or internal damage without feeling immediate pain. That is why you should see a physician after an accident, even if you feel fine.
Tow trucks are commercial vehicles with several different entities that are responsible for their upkeep and operation. When a tow truck accident happens, some or all of these entities might be responsible for your damages. These include:
Your tow truck accident lawyer will thoroughly investigate the accident and explore every opportunity for recovering damages. If more than one party shares in the liability, it is very important to hold them all accountable. Overlooking an at-fault party in a tow truck accident will mean leaving compensation you deserve on the table.
In most tow truck accidents, you will likely pursue compensation from the towing company rather than the individual driver. The company is liable for the actions of its drivers, maintenance personnel and business partners if an accident happens involving one of its vehicles. If multiple parties affiliated with the company contributed to the accident, it can increase the amount of compensation you receive through your claim.
However, you can still choose to file an additional claim directly against the individual tow truck driver in some cases. This usually applies if the driver was personally responsible for grossly negligent behavior. Keep in mind that tow truck accident claims can have significant value, so an individual might not have the assets to cover all of your losses. Your attorney can help you understand if it is worth taking action against the individual driver.
You can pursue compensation for all of the recoverable damages caused by the accident, including:
The claim process starts with contacting the towing company’s insurance provider. The state of Illinois has a statute of limitations of two years from the date of the accident, so it is important to get in touch sooner rather than later.
You can quicken the process by including records of your recoverable damages with your claim. You can also include relevant evidence such as vehicle repair receipts, medical records and the towing contract if your accident happened while the company was serving you.
Filing the tow truck accident claim can entail back-and-forth discussions with the insurance company. It also requires complex paperwork, and making mistakes can sometimes add weeks to the timeline. You can rely on your lawyer to handle the entire filing process for you while you focus on resting and recovering from your injuries.
In some cases, liability can be very straightforward in a towing accident. Even so, having a lawyer helps ensure you get the full amount of compensation owed to you. This is especially important in cases where multiple parties might owe you a settlement for your damages.
A tow truck accident lawyer at The Collins Law Firm will support your case by:
Having a lawyer is especially important if the towing company or its insurance provider tries to deny liability for the accident. Insurance companies have many ways they might try to take advantage of an injured person. Your attorney will make sure nobody can get away with treating you in bad faith.
Dealing with an accident claim is difficult enough under normal circumstances, but it can be especially intimidating if you are contending with a professional towing company. At The Collins Law Firm, we level the playing field against negligent companies and resourceful insurers by advocating for you every step of the way.
Contact us today to speak to our tow truck accident lawyers. We offer a free consultation and case evaluation so you fully understand your legal options.
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