Accidents & Injuries Caused by Tow Trucks in Colorado Springs

Accidents & Injuries Caused by Tow Trucks

Written by Jeremy D. Earle, JD

May 6, 2023

Accident Claims involving Tow Trucks

Most of us don’t consider a tow truck until our car breaks down and we need it towed to a repair facility. Many drivers are acquainted with the “move over” laws that apply to ambulances, fire engines, and police cars, but few are aware that tow trucks are also considered first responders and are treated equally. Naturally, although we rely on a tow truck to aid us if our car is damaged at the site of an accident, we forget that tow trucks may also be the cause of an accident.

Tow Trucks Come in a Variety of Shapes and Sizes

There are four different sorts of tow trucks that you could encounter on Colorado roads, each with its function. These are some of them:

Flatbed tow trucks

Flatbed tow trucks use a hydraulic system that enables a car to be pushed onto the truck or pulled up using the hydraulic lift by the driver. Although these tow trucks are regarded as the safest, they are not always immune to being engaged in an accident.

Integrated tow trucks

These trucks are often used to tow buses or other cars. These tow trucks feature more axles than regular tow trucks, and the lifting arm is located in the truck’s core rather than on the rear.

Hook and chain tow trucks

Due to the prevalence of front-wheel drive cars, these tow trucks are seldom seen responding to road accidents.

Wheel-lift tow truck

These tow trucks utilize a metal yoke instead of chains and hooks to hook a car up by the front or rear wheels. They are primarily used for cars that are being junked because they are well-known for causing additional damage to the car.

The trucks are towing thanks to the wrapped chains that are used on these tow trucks. A pneumatic hoist or hydraulic lift is used, although they are not as safe as a flatbed truck.

As you can see, due to the size of a tow truck and the systems that operate beneath it, if you are involved in a collision with one, your car may suffer major damage. Furthermore, you and any passengers in your car may suffer catastrophic injury.

Tow truck accidents are comparable to other commercial car accidents in many respects, and victims of tow truck accidents may face life-long consequences.

A variety of factors causes accidents involving tow trucks.

As a consequence of careless operation, any kind of car might be engaged in an accident. Tow trucks are no different. Tow truck drivers do not always pay attention to the traffic around them, maybe impaired by drink or prescription medications, and may break traffic laws.

Tow truck drivers are no different from any other drivers, and although they are first responders, they must also observe the laws of the road when they are not responding to an accident site. Because tow trucks are often significantly bigger than passenger cars, anybody involved in a tow truck accident might suffer catastrophic injuries.

Tow truck maintenance is a critical worry since these cars include several devices that, if they fail, might hurt another person. The engine, tow truck cables or hydraulic systems, or malfunctioning brakes may all cause mechanical failure. To keep all drivers safe on Colorado roads, it’s critical to regularly examine the different elements of a tow truck.

Tow truck drivers must be well trained to guarantee that disabled or trash cars are safely secured on the tow truck. If the car being towed is improperly secured, it may fall free and cause an accident, resulting in significant damage or death. Another issue with tow trucks is that while pulling another car, their brake lights may be obscured from other drivers’ views.

Tow truck drivers must adhere to the same driving hours restrictions as other commercial vehicles and undergo regular physical tests and have a commercial driver’s license (CDL).

Accidents involving tow trucks result in injuries.

The sort of harm a tow truck accident victim may receive is primarily determined by the cause of the collision. When a tow truck accident occurs due to brake failure, the victim may suffer major back, head, and neck injuries, as well as having their car wrecked.

The victim is up against the weight of a tow truck and the weight of the car being pulled. These injuries may lead sufferers to lose a significant amount of time from work, cause unbearable agony, and need many surgical operations before they can begin their recovery.

When tow truck devices fail, or the driver fails to properly attach a car, the car falling from the tow truck may collide with your car. At the same time, you may be able to escape being hit by a tow truck, the force of a car or truck dropping from a higher level than yours might result in crushing injuries.

Depending on the moves you must make to prevent a collision, there may be numerous cars involved. You might suffer burns, traumatic brain damage, or crushing injuries that result in fractured bones and internal bleeding if this happens.

After a Tow Truck Accident, What Should You Do?

After any sort of collision, particularly one involving a tow truck, seek medical treatment. Even if you feel OK, the sheer size of the car involved makes it improbable that you would escape the collision unhurt. Do not tell police authorities, bystanders, or the other motorist involved in a tow truck collision that you are not hurt.

This is information that the insurance company will use against you if you are subsequently found to have been injured. Keep in mind that after you’ve been in an accident, your back and neck problems are typically concealed by a surge of adrenaline. You may not notice symptoms for a day or more.

It’s critical to document the site of a tow truck accident so that you may gather evidence if you decide to file a claim. Take images of the cars involved in the collision as soon as possible, including any damage to the cars.

You should also take note of road conditions, such as barriers in the route, speed restriction signage at or near the accident, and any other signals that suggest a need to slow down. This knowledge may come in handy in the future.

Obtaining contact information from truck drivers involved in the collision, witnesses if feasible, and insurance information is essential in any sort of Colorado traffic accident. In many circumstances, the police will collect this information and put it in their report; but, if you can obtain it independently.

Accidents involving tow trucks must be reported to the insurance company.

Once you’ve sought medical assistance and can do so, call your insurance carrier and let them know you’ve been in a tow truck accident. When interacting with adjusters, be cautious and avoid answering any unnecessary questions. Simply provide the facts about the event without speculating on the reason for the accident or who could be to blame. The insurance company will request a thorough accident report from the police department. It may send their investigators to examine the accident site and talk with the other motorist (and witnesses).

Your insurance company is not there to look out for your interests before their own, even if you have paid your premiums in good faith. Their purpose is to pay as little as feasible in claims while protecting the company’s and shareholders’ interests.

As a result, answer inquiries with extreme care or direct the adjuster to your Colorado truck accident lawyer. Contact an experienced Colorado truck accident attorney for a consultation once you’ve contacted the insurance company about the accident.

Consultation with a Personal Injury Lawyer

Given Colorado’s no-fault insurance laws, you may believe there’s nothing a personal injury lawyer can do to help you collect the money you deserve after an accident. However, just though you must notify your insurance carrier of the accident and are liable for paying your claim, they may not pay the whole amount.

Someone else may be partly responsible for reimbursing you after an car accident, depending on numerous circumstances such as the status of the tow truck driver, their employer, or even their maintenance business.

Insufficiently trained tow truck operators, towing businesses that fail to keep their fleet in good operating condition, or maintenance organizations that wrongly certify a tow truck is safe to use might all be held accountable for your injuries. Speaking with a Colorado lawyer specialising in truck accidents and other sorts of road accidents may help you figure out what caused the accident and who is responsible for paying you.

What Kinds of Expenses Can Be Recovered Following a Tow Truck Accident?

Remember that you are entitled to collect medical expenditures following a tow truck accident, including continuing medical care costs. You may also be eligible to recover the money you lost while recovering from your injuries because you could not work.

Tow truck accident victims should not be responsible for any medical care expenses for their injuries, including hospitalization, testing, surgical procedures, pain or infection medication, or any rehabilitation charges necessary to return to your pre-accident state.

Furthermore, suppose you are presently out of work due to a tow truck accident and are unsure when you will be able to return. In that case, you are putting yourself under extra financial strain at a time when your primary emphasis should be on your rehabilitation.

When your household is disrupted due to a tow truck accident, you may incur additional costs such as in-home nursing care. At the same time, you recover, transportation costs because you are unable to drive, and, in some cases, daycare costs for your children because you are unable to care for them while you recover. These concerns should be handled with a truck accident lawyer who can assess both monetary and non-monetary damages.

Insurers and Personal Injury Lawyers Collaborate

Because insurance companies are likely to make you a settlement offer shortly after your injury, it is in your best interests to get legal counsel as soon as possible. One of the benefits of having an attorney representing your best interests is that they can assist you in determining if the insurance company is being fair with their settlement offer.

Because insurance adjusters are usually encouraged to make the lowest first offer feasible, there’s a good possibility your first settlement offer won’t be the finest your insurance company can make.

A personal injury lawyer may work with the insurance company on your behalf to ensure you obtain the greatest compensation possible. If the insurance company refuses to make a fair settlement offer, an attorney may assist you in taking the insurer to court. They may also help you file the required litigation if the tow truck driver, employer, or the maintenance firm can be held accountable for your injuries.

Injuries sustained in any form of accident may completely ruin your life. Minor injuries may heal physically quickly, but psychological disorders may persist for weeks, months, or even years due to the trauma. While you are physically healing from your injuries, you are also under a tremendous lot of stress since you are aware that your family is facing growing medical expenditures, your car has likely sustained major damage, and you are unable to return to work while you recuperate.

Suppose you or a loved one has been injured in a tow truck accident on Colorado roads. In that case, an experienced personal injury lawyer can help you understand your rights and what to anticipate after the event.

 

 

 

 

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1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

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