Tow trucks remain an essential part of our lives; however, just like any other vehicle, tow trucks can become involved in accidents on the roadways. While there are several different types of tow trucks (flatbed, hook and chain, integrated, and wheel lift), all tow trucks can cause substantial damage if they collide with another vehicle. If you suffered injuries resulting from an accident with a tow truck, learn how an Elgin tow truck accident lawyer at Pintas & Mullins Law Firm can help you ensure you receive the compensation you deserve. Call us at (800) 794-0444.
Determining the Cause of Your Tow Truck Accident
Because of their large size and weight, accidents involving tow trucks can result in much more substantial damage and catastrophic injuries than two passenger vehicles involved in an accident. Determining the exact cause of your town truck accident remains critical as this will ultimately allow you to know who to file a claim against and receive compensation for your injuries and losses. Some of the causes of tow truck accidents include the following:
- A tow truck is in the process of towing a vehicle when the towed vehicle becomes unlatched due to a faulty hooking mechanism, faulty tie-down, or due to the negligence of the tow truck driver to secure the vehicle correctly.
- The tow truck driver operates the tow truck in a negligent way by failing to follow the rules or regulations of the road by driving under the influence of drugs or alcohol, driving while texting or distracted, speeding, tailgating, driving while fatigued, or another negligent manner. It is important to note that the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT) have specific guidance regarding how tow truck drivers should operate their vehicles.
- The tow truck company that employs the driver failed to provide proper education and training to ensure that the driver had the ability to operate the tow truck safely.
- The tow truck company failed to inspect and confirm the credentials or training presented by the tow truck driver.
- The tow truck or the latching mechanisms contained a design defect causing the accident to occur and resulting in a product liability case.
- The tow truck company failed to properly maintain the tow truck according to appropriate maintenance schedules resulting in a tire blowout, truck mechanism failure, steering failure, or another mechanical failure.
Determining Liability in Your Tow Truck Accident
After an independent investigation determines the cause of the tow truck accident, the next step will involve determining liability. This process will ultimately determine the party that has the legal responsibility to compensate a victim for their injuries and losses. For example, the following parties may remain liable for your injuries and losses depending on the result of the investigation:
- A tow truck driver
- A trucking company
- A third-party that failed to inspect or perform proper maintenance on the tow truck
- A manufacturer of defective part or component of the tow truck
- A manufacturer of defective part or component of the tie-down mechanism or tie-down straps
- A government entity (if hazards or dangers in the roadways were the direct results of the failure of a governmental entity to fix a pothole or road hazard, for example, or if a construction company contracted by the government-operated machinery negligently.)
For a free legal consultation with a Tow Truck Accidents Lawyer serving Elgin, call (800) 794-0444
Negotiations with Insurance Companies
If an investigation determines that a tow truck driver, manufacturer, or third-party remains liable and responsible for the tow truck accident due to their negligent actions, you may have the legal right to file a claim with their insurance company for compensation for your injuries and losses.
Negotiations with insurance companies can leave victims feeling overwhelmed and frustrated. If you make the decision to negotiate on your own behalf with an insurance company regarding your injuries and losses suffered due to a tow truck accident, consider the following:
- Never allow an insurance company to record a phone conversation with you. These conversations can then come up at a later time.
- Never answer small-talk questions such as “How are you feeling today?” While these questions seem harmless and innocent, if you answer that you are feeling “fine,” this can later also provide a basis upon which an insurance company may argue that your injuries were not as serious as you claimed.
- Never allow your full medical history to go to an insurance company. An insurance company only has the legal right to receive medical records that specifically pertain to your tow truck accident.
- Understand that accepting any settlement offer from an insurer usually disqualifies you from seeking further compensation from a liable party in the event that you suffer worse losses from the accident.
- If you fail to accept an insurance settlement offer, you may miss a statute of limitations deadline, which would cause you to lose your right to take any further legal action.
Learn how an Elgin tow truck accident lawyer at Pintas & Mullins Law Firm can help negotiate with insurance companies on your behalf following your tow truck accident.
Elgin Tow Truck Accidents Lawyer Near Me (800) 794-0444
Elgin Tow Truck Lawyer
Accidents involving tow trucks typically result in serious injuries and losses. You may face astronomical medical bills, the inability to return to work due to your injuries, lost wages, loss of future wages, property damage, and pain and suffering.
If you do not want to handle litigation alone, or even if you simply want a lawyer to help negotiate with insurers, we can help. Learn how an Elgin tow truck lawyer at Pintas & Mullins Law Firm can help you with your tow truck case. Call us at (800) 794-0444.