After an accident or malfunction, you expect the tow truck driver and towing company to safely deliver your car or truck without causing harm. Yet, if a tow truck damages your car, are they liable? The answer depends on a number of factors, and a California truck accident lawyer can help you identify everyone who is at fault.
Below, our team at Ernst Law Group discusses whether tow trucks are liable for the damage they cause during transport and what you can do to hold them accountable if they are.
Are tow truck drivers responsible for damages?
If your vehicle simply doesn’t start, it can be relatively easy to hook it up and tow it to a repair location. If it’s damaged from an accident, getting it safely relocated can be more complicated if the tow truck operator struggles to load it properly onto a flatbed trailer. Regardless of why your car is in tow, there are a few kinds of damage that can occur, including:
- Body damage: If the driver isn’t careful when attaching the tow hooks, it could cause structural or cosmetic damage to exterior portions of the car.
- Mechanical damage: Towing an all-wheel-drive vehicle on a lift tow truck can severely damage the transmission. If a front-wheel-drive car isn’t put into neutral before towing, it can also harm the transmission.
- Undercarriage damage: If the operator must attach the cables to the underside of your car, they could cause serious damage to the exhaust system or axles without proper training and caution.
While many tow truck operators are extremely skilled at their jobs, others may not have received thorough training or have much experience when they show up to tow your vehicle. If they fail to take necessary precautions to avoid new or additional damage to your car, the tow truck driver could be financially responsible for those damages.
Is a tow truck company responsible for damage?
Failing to train their employees correctly or sending drivers out with inadequate equipment could mean tow truck companies are liable for the damage. Likewise, if they do not maintain their trucks, they could be responsible for a malfunction in the tow device or tow vehicle that leads to an accident. Some drivers are self-employed, but many are under direct employment or as contractors to a larger company that your truck accident lawyer can investigate.
Steps to take if you think a tow truck company is responsible for your damage
You likely aren’t wondering, “Are tow trucks responsible for damage?” when you’re frustrated by a malfunction or upset after an accident. Yet, you can take some steps to protect yourself in the event your car or truck is damaged while being towed, such as:
- Take photos and a walk-around video before towing: Photograph your car from all sides, especially where the tow truck will attach.
- Photograph the car after towing: Once your vehicle is unloaded, take photos again, noting any changes from before it was loaded onto the tow truck.
- Ask witnesses for their contact details: Ask anyone in the area who is a witness for their contact information so you can verify your car’s condition prior to towing.
- Have the auto shop assess any towing damage: Ask the technicians to note any damage that could have come from being towed.
- Meet with a qualified personal injury lawyer: At Ernst Law Group, we offer free initial case reviews that help you discover whether you have a valid claim and your legal options for pursuing it.
If you think a tow truck is responsible for damage to your vehicle that wasn’t there when it was loaded up, you could be eligible for compensation from all liable parties. You may choose to file an insurance claim or a truck accident lawsuit, depending on your circumstances.
Evidence can show whether a tow truck company is responsible for damage to your car
If you suspect a tow truck is responsible for damage to your vehicle, your attorney can show truck accident liability using relevant evidence, such as:
- Photos and video of the vehicle
- Video footage from traffic cameras or dashboard cameras
- Security videos from an impound lot or other location
- Testimony from witnesses and auto repair experts
- Driving records
- Commercial Driving License (CDL) and tow truck driver certificate records
- Maintenance and training records
Even if your car was already damaged from a crash, you still have the right to file a claim against the tow truck company for causing further harm.
Are tow trucks liable for damage? Ernst Law Group helps you answer that question
At Ernst Law Group, we stand ready to defend your interests and get the maximum compensation you deserve when a careless tow truck driver or tow truck company damages your car or truck. Don’t wait to contact us to get started on your claim since California’s statute of limitations on personal injury lawsuits is only three years.
Contact us online or call (805) 541-0300 to arrange a free consultation today.
