Your car breaks down on the highway. You call for a tow. Help is coming.
Then something goes wrong. The tow truck is involved in an accident. Maybe it happens while hooking up your vehicle. Maybe on the way to the shop. Maybe another driver crashes into the scene.
Tow truck accidents present unique circumstances. These incidents often occur on highway shoulders, at night, in emergency conditions. Georgia law specifically addresses some of these situations.
Roadside Dangers
Most tow truck operations happen in inherently dangerous locations. Shoulders of busy highways. Breakdown lanes where traffic passes at high speed. Intersections where disabled vehicles block travel lanes.
Tow truck operators work in these environments daily. They position their trucks, deploy equipment, secure vehicles, and return to travel lanes while traffic streams past. The risks are constant.
This dangerous environment means accidents can occur through multiple pathways. The tow truck operator may be negligent. A passing motorist may fail to exercise caution. Road conditions may contribute. Or some combination of factors may combine.
Georgia’s Move Over Law
Georgia law requires motorists to move over or slow down for tow trucks operating on the roadside. Under O.C.G.A. § 40-6-16, drivers approaching a stationary tow truck displaying flashing lights must either move to a non-adjacent lane or, if that’s not possible, slow to below the posted speed limit and prepare to stop.
Violation of this law is negligence per se. A driver who fails to move over and strikes a tow truck, the tow operator, or a stranded motorist has breached a legal duty. The violation establishes negligence, leaving only causation and damages to prove.
Despite the law, drivers continue to strike tow trucks on roadsides. Speed, distraction, and failure to observe flashing lights contribute to these incidents. The consequences can be catastrophic.
When Tow Truck Operators Are Negligent
Tow truck companies and operators can also cause accidents through their own negligence:
Improper positioning of the tow truck, blocking more of the roadway than necessary or failing to provide adequate warning to approaching traffic. Negligent hookup procedures that allow towed vehicles to break free. Improper securement of vehicles on flatbed carriers. Operating tow trucks with inadequate lighting or reflective equipment. Driver fatigue from long hours responding to calls. Mechanical failures from poor maintenance. Negligent driving while transporting vehicles.
When tow truck operator negligence causes injury, the operator and the tow company bear liability under standard negligence principles.
Liability for Damage to Towed Vehicles
Beyond personal injury, tow truck operations sometimes damage the vehicles they’re towing. Improper hookup can bend frames. Dragging can damage wheels and tires. Unsecured vehicles can shift and sustain body damage.
These property damage claims proceed under negligence or bailment theories. When you turn your vehicle over to a tow operator, they assume responsibility for its care. Damage occurring during towing is presumptively their responsibility unless they can show it wasn’t caused by their negligence.
Insurance Requirements for Tow Trucks
Georgia requires tow trucks to carry liability insurance. The specific requirements depend on the type of operation and whether the tow company operates under contract with law enforcement agencies.
Commercial tow trucks typically carry higher coverage than personal vehicles. Companies contracting with police for accident scene towing often must meet minimum insurance requirements as a condition of their contracts.
Multiple insurance policies may apply to a tow truck accident. The tow company’s commercial auto policy covers vehicle operations. Garage keepers insurance covers damage to vehicles in their care. The tow operator’s personal policy may also be implicated in some circumstances.
Accidents During Hookup
The process of securing a disabled vehicle creates risks. The tow operator works at the roadside while traffic passes. Equipment must be positioned correctly. The operator moves between the tow truck and the disabled vehicle.
If you’re the stranded motorist, you’re also exposed during this process. Standing by your vehicle waiting for the tow, you’re vulnerable to passing traffic.
Accidents during hookup may involve the tow operator being struck by a passing motorist, the stranded motorist being struck, or equipment failure causing injury. Each scenario involves different liability analyses.
Accidents in Transit
Once the tow is underway, accidents can occur like any other traffic incident. The tow truck driver may be negligent. Another driver may be at fault. Road conditions may contribute.
What’s different is the extended vehicle. A tow truck pulling a loaded flatbed or hoisting a vehicle by its wheels handles differently than an ordinary truck. The tow operator must account for this in their driving.
If a towed vehicle breaks free and causes an accident, the securement failure becomes central to liability. Proper procedures would have prevented the breakaway. Failure to follow proper procedures is negligence.
Claims Against Multiple Parties
Tow truck accidents often involve multiple potentially liable parties:
The tow truck driver who may have been negligent in operation or vehicle securement. The tow company that employed the driver and maintained the equipment. The passing motorist who may have failed to move over or exercise caution. The motor club or insurance company that dispatched the tow if they used an unqualified contractor. The disabled vehicle’s owner if their vehicle’s condition contributed to the accident.
Identifying all responsible parties and their insurance coverage is essential for maximizing recovery.
Stranded Motorist Injuries
When you’re waiting for a tow and get injured, questions arise about responsibility. If a passing driver strikes you, that driver bears primary liability. But did the tow operator position their truck to adequately protect the scene? Did they provide appropriate warnings to traffic? Did they instruct you to wait in a safe location?
The tow operator’s conduct may create shared liability even when a third party’s negligence is the direct cause of injury.
Evidence at Accident Scenes
Tow truck accident scenes often involve multiple vehicles, emergency responders, and chaotic conditions. Evidence can be lost quickly.
If you’re involved in a tow truck accident:
Photograph the scene, including all vehicles, their positions, and any visible damage. Document lighting conditions and any warning equipment deployed. Get contact information for the tow operator, their company, and any witnesses. Note whether the tow truck’s lights were flashing and visible. Request a copy of the police report.
Tow truck companies maintain dispatch records showing when they were called, who was dispatched, and timestamps for various activities. These records become relevant in litigation.
Two Years to File
Georgia’s statute of limitations for personal injury claims is two years from the accident date. This applies to most tow truck accident claims against private operators and companies.
If a government entity was involved, shorter notice requirements may apply. Some tow operators work under contract with law enforcement agencies, which could implicate government claim procedures.
Tow truck accidents involve roadside dangers and potential claims against multiple parties. This overview covers general Georgia law. An attorney can evaluate the specific circumstances of your accident and identify all potentially liable parties.