Have you recently been in an accident with a tow truck? You’re not alone. There are approximately 500,000 truck accidents every year in the US. Tow truck and other commercial truck accidents are extremely common and can have serious consequences. Tow trucks in particular contend with many factors that can contribute to a crash, including handling large and heavy loads, improper training, equipment malfunctions, and more.
Do you have questions about pursuing a personal injury case against the tow truck company? We’re here to help! Our personal injury attorneys have obtained financial compensation for thousands of clients.
Who Is At Fault For The Accident?
Tow Truck Drivers
If you were involved in an accident with an off-duty, self-employed, or independently contracted tow truck driver, you would need to pursue a case against the driver. This will involve filing a claim against the driver’s insurance company. If the driver does not have insurance, a lawsuit may be your only path to compensation.
Tow Truck Companies
While it may seem obvious that the tow truck driver is at fault for the accident, that isn’t always the full story. If the driver was an on-duty employee at the time of the accident, the tow truck company could also be held liable under certain circumstances.
For example, tow truck companies can be at fault for failing to properly train their drivers. Furthermore, they are expected to establish and enforce certain safety protocols for operating and maintaining equipment. As your truck accident attorneys, we will seek to determine the full extent of any negligence that may have occurred.
Why Are Tow Truck Accidents So Dangerous?
Large, Heavy Loads
Tow trucks are large vehicles in and of themselves. Couple this with the weight of an additional vehicle and tow trucks can be significantly more dangerous than a regular car on the road. The added size and weight can make stopping difficult, can increase the size of blind spots, and adds a lot more destructive capacity to an accident.
Tow trucks are often independently owned by the driver or are part of a fleet of trucks owned by a small towing company. Smaller operations tend to have fewer safety protocols and are open to negligence. Proper training, vehicle maintenance, and safety inspections can be costly, and some businesses choose to skip them in order to reduce their operating cost. Unfortunately, this can result in accidents that would otherwise have been prevented.
How are Damages Calculated?
Calculating the damages in truck accident cases is a multifaceted process. There are several variables that are taken into account, some of them with specific monetary values and others that are less concrete.
Some of the most common types of damages include:
Even in a relatively minor accident, you may have sustained physical injuries. It’s important to have all of your injuries addressed and diagnosed by a medical professional. Be sure that your doctor documents your injuries, as these records can be crucial to your case. In certain instances, a third-party medical examination may be necessary in order to settle any disputes about the severity of your injuries.
Once your injuries have been assessed and treated, there will inevitably be bills to pay. This is another instance in which proper documentation is key. All medical expenses must be directly related to the injuries sustained during the accident. Previous or subsequent injuries won’t be covered in a tow truck accident settlement. However, it is possible to calculate future necessary treatments which can be factored into the damages calculation.
Loss of Income
While you’re recovering from the accident you likely won’t be able to work or will be forced to work at a reduced capacity. These lost wages can be calculated into your compensation as long as you can prove that your injuries prevented you from working. Future loss of income can also be factored in if your injuries have left you permanently disabled or otherwise incapable of performing your previous job.
Pain and Suffering
Calculating the financial impact of pain and suffering can be difficult but is certainly possible. If your injury has lasting mental and emotional impacts, that can also be included in the total damages. For example, your experience may have left you with severe anxiety that inhibits your ability to drive a car, or your injuries may have made your previous hobbies impossible to do. These are important parts of your life and carry significant weight in determining your final compensation.
How Much Are Average Truck Accident Settlements?
Unfortunately, it’s nearly impossible to determine an average settlement for tow truck accident claims. Laws vary significantly from state to state, and each case has unique variables that will determine the final compensation. However, because tow trucks are large vehicles, the damages they cause can be significant. It is not unusual for tow truck settlements to be in the tens of thousands if not hundreds of thousands of dollars. There have even been tow truck settlements well into the millions of dollars.
What’s most important is that you act quickly, properly document as much as you can, gather any relevant evidence, and consult a personal injury lawyer. We are always happy to provide a free case evaluation, and you only pay if we’re successful in obtaining compensation for you and your loved ones.
What Should I Do Next?
If you or a loved one were involved in an accident and believe you have a tow truck accident case, the attorneys at Strickland & Kendall, LLC can help. Navigating the process of a personal injury claim and negotiating with insurance companies can be stressful. Hiring a professional truck accident lawyer can alleviate that stress.
We are available 24/7, 7 days a week. Give our tow truck accident attorneys a call at (800) 874-3528 for a free consultation today!!