A tow truck accident claim is an injury claim arising from a crash involving a wrecker, rollback flatbed or heavy-duty recovery truck, whether the tow truck hit another vehicle, a vehicle it was towing came loose, or a passing driver struck the tow truck and the people working around it. These trucks combine the weight of a commercial truck with a second vehicle on the back, and they often operate in live traffic.
Blank Kim Injury Law represents people hurt in tow truck crashes across Northern Virginia from our Fairfax office, open 24/7. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
How tow truck crashes happen
Towing creates hazards that ordinary trucking does not. The crashes we see include:
- Towed vehicles breaking free. Worn straps, a failed wheel lift or unsecured chains let a car roll off a flatbed or swing loose on a ramp.
- Overloaded and unstable rigs. A light-duty wrecker pulling a vehicle too heavy for it loses braking and steering control.
- Pulling into traffic from the shoulder. A tow truck re-entering I-495 or I-95 at low speed in front of fast-moving traffic.
- Racing to a scene. Some operators compete to reach a crash first, speeding or cutting across lanes on Route 1 and Route 50.
- Backing and hookup crashes in parking lots and apartment complexes, including private-property tows in Arlington and Alexandria.
- Secondary crashes at an earlier crash scene, where a passing driver hits the tow truck, the disabled car or people on the shoulder.
Safety rules that apply to tow operators
Tow trucks used in business can fall under the Federal Motor Carrier Safety Regulations, depending on the truck’s weight rating and whether it operates in interstate commerce. Those rules cover driver qualification in 49 C.F.R. Part 391, hours of service in Part 395 and inspection and maintenance in Part 396. Tow operators who answer calls through the night are especially exposed to fatigue.
Towing businesses in Virginia are also regulated at the state level, and localities set rules for private-property towing. Industry practice calls for secondary safety chains, working lights on the towed vehicle and weight ratings matched to the load. When an operator skips those steps, the evidence often shows it: a missing safety chain, a frayed strap or a rig rated below the vehicle it was hauling.
Who can be responsible for a tow truck crash
| Scenario | Possible responsible parties |
|---|---|
| Tow truck driver runs a light or changes lanes into you | The driver and the towing company |
| A towed car comes loose and hits you | The towing company, for how the car was secured and the equipment used |
| Tow truck working a police-requested tow causes a crash | The towing company; a local government only in limited circumstances |
| Passing driver hits a tow truck and injures people nearby | The passing driver |
| Equipment fails because of a design or manufacturing flaw | The equipment maker, in negligence or breach of warranty |
The towing company is usually responsible for an employee driving on the job, and for its own decisions about training, equipment and maintenance. Where a company uses independent operators, we look at who actually controlled the work.
Tow operators hurt while working roadside
Tow operators are among the most exposed workers on the road. They kneel beside live traffic to hook up vehicles on I-66, the Dulles Toll Road and the Beltway, often at night and in bad weather. Virginia requires drivers to move over or slow down for stopped vehicles displaying warning lights, including tow trucks, and many roadside injuries happen because drivers do not.
An injured tow operator usually has two paths. Workers’ compensation through the Virginia Workers’ Compensation Commission covers medical care and wage benefits, generally two-thirds of the average weekly wage subject to limits, under Va. Code § 65.2-500. Workers’ compensation is generally the exclusive remedy against the employer, but under Va. Code § 65.2-309 a separate claim can be brought against a third party, such as the driver who hit you. The injury must be reported to the employer within 30 days, and the workers’ compensation claim filed within two years of the accident. Our workers’ compensation page explains more.
Secondary crashes at the scene of an earlier crash
Many serious injuries happen not in the first crash but in the minutes after, while people wait on the shoulder for police and a tow. A driver who is distracted, speeding or impaired plows into the scene. Holding a handheld phone while driving is illegal in Virginia under Va. Code § 46.2-818.2. If you were hurt this way, your claim is against the driver who hit the scene, and possibly against the driver who caused the first crash. Your own uninsured and underinsured motorist coverage, required in every Virginia auto policy by Va. Code § 38.2-2206, can respond if that driver lacks enough insurance.
Proving fault in a tow truck case
Virginia’s contributory negligence rule generally bars recovery by an injured person found even slightly at fault, with exceptions such as last clear chance. Towing companies often argue that the other driver should have seen the flashing lights or given more room. Evidence that answers those arguments includes:
- Photographs of the straps, chains, wheel lift and deck before the tow truck leaves
- Dispatch and call logs showing when the operator was sent and how long they had been working
- Dash camera and traffic camera footage, and the police report
- The tow truck’s inspection and maintenance records
Read more in our guide to contributory negligence.
Deadlines for tow truck accident claims
Virginia generally allows two years from the date of injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). A claim involving a county, city or town generally requires written notice within six months under Va. Code § 15.2-209. Start a free case review so we can identify the towing company and its insurer before records are lost.
