Tow trucks are supposed to help you out when you’re in a tough spot, whether your car breaks down, you run out of fuel, or you get stuck in the snow. But what happens when the tow truck causes the problem instead of solving it?
You might not know this, but yes, you can sue a tow truck or towing company if they cause an accident or damage your car. In fact, there are several situations where you could hold them legally responsible, and you should absolutely consult a tow truck accident attorney if you find yourself in one of those situations.
Why Tow Trucks Can Be Sued
Tow trucks don’t get special treatment on the road. They’re just like any other vehicle and are expected to follow traffic laws. When a tow truck driver acts carelessly and causes an accident, someone gets hurt, or a car gets damaged, that’s when legal action can come into play.
Sometimes, the truck driver is at fault. Other times, the company they work for could be responsible too. If the driver was on the job and using a company truck, the towing company can be held liable. That’s because employers are often responsible for the actions of their workers while they’re on duty.
But what if the driver was working as an independent contractor? Then things change. In that case, you may need to file a claim directly with the driver’s insurance, not the towing company’s.
How Tow Truck Accidents Happen and What You Can Do
Tow truck accidents can happen in all kinds of ways. A careless driver might not check their mirrors before changing lanes. They could speed to reach a job or fail to properly secure your vehicle on the truck bed. When that happens, it can lead to serious injuries, car damage, or even worse.
But it’s not just about accidents on the road. Towing companies can also be sued for:
- Illegally towing your car from private property
- Damaging your car during the tow or while it’s sitting in the impound lot
- Losing or stealing your belongings that were in the car when it was towed
If something like this happens, you have rights. You can either try to settle it by speaking with the tow company or take legal action if they refuse to take responsibility.
Proving Negligence After a Tow Truck Accident
If you’re thinking of suing the towing company, one of the most common legal claims is negligence. This means the company didn’t act with the level of care they should have, and that failure led to damage or injury.
To prove negligence, four things must be shown:
- The towing company had a duty to act carefully.
- They failed to do so.
- Their actions (or lack of action) directly caused the problem.
- You suffered actual damages (e.g., car repairs or medical bills).
For example, if the tow truck scraped your bumper while pulling your car or dropped it from the tow bed, that’s likely a breach of their duty to handle your vehicle with care. That alone can be enough to build a case.
What If Your Belongings Went Missing?
If you leave valuable items in your car and they’re missing after it’s towed, you might also have a breach of bailment claim. This means the tow company took responsibility for your property (your car and everything in it) but failed to keep it safe.
Even though every state has its own rules, the idea is simple: if they took your car, they had a duty to keep it and its contents safe. If they didn’t, you may be able to sue for the cost of those lost or stolen items.
