40 Years of Proven Results- No Fee Unless We Win
Tow trucks have been in service for almost as long as motorized cars have been on the road. Since tow trucks were first used in the early 1900s, the tow truck industry has become a billion-dollar industry that employs thousands nationwide. These large trucks are commonly seen on our streets and highways in Houston. Whether they are on their way to an accident or have a vehicle in tow, they can cause serious damage and injuries. If you have been injured in a tow truck accident, call our Houston tow truck accident attorney for a free consultation. (281) 893-0760.
About Texas Truck Accident Lawyer – Greg Baumgartner
For more than four decades, our truck accident attorneys have provided representation to victims of commercial vehicle accidents. We handle tow truck accident cases, garbage truck accidents, and other company vehicle collisions.
Our nationally recognized vehicle accident attorneys have won hundreds of millions of dollars for injury victims. We hold drivers and companies accountable.
With Greg Baumgartner, you get:
- An experienced attorney who is undefeated in commercial vehicle accidents
- A No-Fee-Unless-We-Win-promise
- Proven results and countless million-dollar-plus recoveries
Tow truck operators may work as independent contractors or directly for towing companies. There are three main types of tow trucks: conventional, wheel lift or full float, and flatbed. Conventional tow trucks are not used as much anymore, but they are still helpful for moving damaged vehicles.
They use chains to hook up vehicles and pull them on two wheels. Flatbed tow trucks are becoming more common because they do not damage front-wheel-drive or all-wheel-drive autos.
Tow truck companies must properly maintain their vehicles and provide safety and operation training to their drivers. They must hire drivers with good driving records and valid driver’s licenses. If they fail to do so, companies could be held responsible for their drivers’ crashes.
Commercial Driver’s License Required
Tow truck drivers must have a valid license and permit to operate a vehicle. The Texas Department of Licensing & Regulation (TDLR) has rules and regulations for tow truck operators. There are three types of tow truck operations:
- Incident management (IM)
- Private property (PP)
- Consent tows (CT)
Tow trucks must have the proper permits to operate under these different conditions. The permits must be renewed each year. Drivers must complete an educational program with an eight-hour towing course. If you are involved in an accident with a tow truck, the driver should provide his or her current driver’s license and a valid tow permit.
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About Tow Truck Accidents
A tow truck accident is a type of motor vehicle collision involving a tow truck, which is designed to transport other vehicles that are disabled, damaged, or otherwise unable to move on their own. Tow truck accidents can occur in various situations, including when a tow truck is towing a vehicle, traveling to or from a towing job, or parked or stopped on the side of the road.
Tow truck collisions can happen in many different situations. Sometimes the tow truck is towing a vehicle, and at other times, they are in a rush to get to a potential tow. Some accidents even happen when the tow truck is parked on the side of the road.
The sooner you retain a qualified attorney, the better chance you have to obtain the evidence you need to win your case. Take advantage of a free consultation with a Houston tow truck accident lawyer. We can help you understand what to do next and answer your questions.
What Causes Houston Tow Truck Accidents?
Many things may cause tow truck accidents. Some of the most common reasons for tow truck crashes include:
- Wreckers are speeding to a crash site to get the tow
- Long hours and driver fatigue
- Poorly maintained trucks
- Improperly hooking up tow vehicles and
- Inattention to the road.
- Tow trucks sometimes travel on the side of the road or drive around traffic to get to their destination quickly.
Tow trucks should have a working flashing light; however, they do not have sirens and could go unnoticed by other drivers. Tow truck drivers may fail to yield the right-of-way, go through red lights, park improperly, and drive into the rear end of another auto.
Trucking accidents may be due to human error, road conditions, or mechanical problems. The driver or the company may be negligent. A skilled Houston tow truck accident attorney will assist in gathering information about the cause of the crash.
Who May Be Responsible for a Tow Truck Accident?
There can be many different causes of a truck accident. Other drivers, employers, and even dangerous conditions on the roadway. Getting an experienced attorney is the first step in investigating your case.
A tow truck accident may involve the driver and the tow company. First, you need to determine the cause of the accident.
The negligent party should be held accountable for the crash and any damages and injuries. For example, if the tow truck driver went through a red light and hit your car, the driver is responsible for your injuries. The employer will be responsible for the actions of its driver while on the job.
It is important to evaluate the crash immediately following the incident. An experienced Houston tow truck accident attorney will gather evidence and information about the crash to prove negligence in the case.
Common Injuries in Tow Truck Accidents
Tow truck accidents can lead to a wide range of injuries, from minor cuts and bruises to severe and life-threatening conditions. Some common injuries that can occur in tow truck accidents include:
- Head Injuries: Head injuries are prevalent in tow truck accidents, especially if the collision involves another vehicle or object. These injuries can range from minor concussions to severe traumatic brain injuries, which may have long-term effects on cognitive and physical functions.
- Spinal Cord Injuries: Spinal cord injuries can result from a sudden and severe impact on the spine during a tow truck accident. These injuries can lead to partial or complete paralysis, depending on the severity and location of the injury.
- Broken Bones: Broken bones are common in tow truck accidents, particularly in high-impact collisions. These injuries can be extremely painful and may require surgical intervention and extensive rehabilitation to heal properly.
- Internal Injuries: Internal injuries can occur when the force of the accident causes damage to internal organs, such as the liver, spleen, or kidneys. These injuries can be life-threatening and often require immediate medical attention.
- Soft Tissue Injuries
What Damages Can You Recover After a Houston Tow Truck Accident?
Victims of car accidents in Houston may be entitled to compensatory damages, divided into two categories: economic and non-economic. These damages address the financial and personal consequences of an accident caused by another party’s negligence.
Economic Damages
Economic damages are the financial losses that result from an accident. The injured victim has the burden to prove their damages. Damages for economic losses can be proven with medical bills, invoices, documentation of out-of-pocket expenses, and more.
Here are some examples of economic damages.
- Medical Expenses: Hospital stays, surgeries, medications, medical devices, follow-up appointments, and ongoing treatments like rehabilitation or physical therapy.
- Property Damage: Costs associated with repairing or replacing a damaged vehicle or other property.
- Lost Income: Wages and benefits lost due to missed work during recovery.
- Reduced Earning Capacity: Compensation for a diminished ability to earn income due to injuries.
- Permanent or Temporary Disability: Financial support for living with disabilities caused by the accident.
- Home Modifications: Expenses for installing ramps, lifts, or other modifications needed for mobility.
- Long-Term Care: In-home nursing care or assisted living costs for severe injuries.
- Funeral and Burial Costs: Compensation for families who lose loved ones in devastating accidents.
Economic damages aim to make victims financially whole by covering these quantifiable losses.
Non-Economic Damages in Houston Wrecker Accident Cases
Not all repercussions of a car accident can be easily assigned a dollar value. Non-economic damages address the intangible and deeply personal impacts of an accident. These are often referred to as “pain and suffering” damages and may include:
- Chronic Pain: Lingering physical discomfort that affects daily life.
- Mental Anguish: Anxiety, depression, or emotional distress stemming from the accident.
- Disfigurement and Scarring: Permanent physical changes that impact self-esteem or quality of life.
- Loss of Enjoyment: Inability to engage in hobbies, activities, or everyday pleasures.
- Loss of Consortium: Strained or diminished relationships with spouses or family members.
- Inconvenience: Adjustments and disruptions caused by the accident and recovery process.
These damages recognize that the psychological and emotional effects of an accident can be as debilitating as physical injuries, sometimes requiring extensive treatment.
Valuing Pain and Suffering Damages in Texas
Assigning a monetary value to pain and suffering can be complex. Courts and insurers in Texas typically use one of two methods:
Multiplier Method
This approach calculates non-economic damages by assigning a multiplier—usually between 1 and 5—based on the severity of the injuries and their impact on the victim’s life. The multiplier is then applied to the total economic damages to determine the non-economic award.
Example:
If a spinal cord injury leaves a victim paralyzed and results in $1 million in economic damages, a multiplier of 4 may be applied. The non-economic damages would be $4 million, resulting in a total recovery of $5 million.
Per Diem Method
This method assigns a specific daily value to the victim’s pain and suffering. This daily rate is multiplied by the days the victim is expected to take for maximum medical improvement. While less common than the multiplier method, it can be effective in certain cases.
Punitive Damages in Houston Tow Truck Accident Cases
Punitive damages are not compensatory damages, but rather punishment damages. Well, an award of punitive damages in Texas is rare. Instances when it is appropriate are when the at-fault driver was particularly reckless. An example would be driving under the influence of alcohol or drugs.
Punitive damages are also called exemplary damages in Texas.
Examples include:
In Texas, punitive damages hold reckless or malicious drivers accountable and deter similar conduct in the future.
What Should I Do After a Tow Truck Accident?
You should do several things immediately following any accident. First, call the police to report the accident. The police will respond to the scene and investigate the crash. They will take statements from drivers and witnesses and gather data about the vehicles and drivers.
The paramedics will arrive to evaluate any injuries. If you are hurt, you should seek immediate medical treatment. Contact an attorney to discuss your tow truck accident. Do not speak to the insurance company after the crash until you talk to an experienced tow truck attorney. Your lawyer will advise you regarding communications about the accident.
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How Long Do I Have to File a Claim Against the Wrecker Driver?
The law limits your time to file a personal injury lawsuit from a truck accident claim. Texas statute of limitations for personal injury claims is generally two years from the date of the injury. Although you have up to two years, beginning the process as soon as possible is best.
The longer you wait to file a case, the more difficult it will be for your attorney to access the information and proof he or she needs to prove your case. Your lawyer must prove that the driver or tow company was negligent and that the negligence caused your injury.
Proof of Damages
Then you must also have medical reports and other documentation that prove your damages. Damages may include medical bills, physical therapy costs, lost wages, and money for pain and suffering, among other things.
The costs associated with a severe injury can be astronomical. It may take weeks, months, or years to recover fully. If the accident causes a disability, you may never get well and be unable to return to work. Medical expenses can add up, and at the same time, you may not be working.
Holding the At-Fault Driver Accountable
This can cause significant financial difficulties and stress. You do not need to pay for these costs on your own. The negligent party must be brought to justice.
What Can a Houston Wrecker Accident Attorney Do for Me?
Here is How our Experienced Wrecker Accident Lawyers Can Help You
In-Depth Investigation of Your Tow Truck Accident
We have decades of experience conducting investigations of commercial vehicle crashes.
Recently, we represented a woman injured in an accident with a tow truck driver who blamed her for the crash. After extensive investigation, including subpoenaing the cellphone records of the driver, we were able to prove that the driver was not truthful. The insurance company quickly settled the case for our full demand, and our client was overjoyed.
Tow trucks must follow the city of Houston’s regulations regarding towing vehicles. Call our tow truck accident lawyer at (281) 893-0760 for a free consultation.
Preservation of Crucial Evidence
We recommend that you hire competent legal counsel as soon as you can. Steps should be taken to preserve vital evidence to prove a strong case. The specific evidence needed depends on the facts of the accident. Still, it can include things like:
- Event data recorder downloads
- Surveillance camera footage
- Dash cam video
- Documentation of the scene and
- Inspection of the tow truck.
After being retained, we will promptly notify the defendant of the duty to preserve the evidence.
Handling the Insurance Claims
When you hire us to help you with your tow truck accident, we will handle dealing with the insurance company. When an experienced attorney is in your corner, it ensures that the insurance adjuster will not take advantage of you; lowball offers are the rule and not the exception. We will negotiate on your behalf and take your case to trial if necessary.
Securing Medical Care and Managing Medical Bills
We will work with your medical providers to obtain your records and the testimony needed to prove your case. If you do not have health insurance, we can assist you in getting the care you require.
As part of our representation, we will negotiate with your health insurance company should we be required to pay them back out of the case.
Protecting Your Rights Against Wrecker Companies
Because tow trucks are required to have commercial liability policies, the insurance company is guaranteed to fight hard to protect its policy. We are familiar with the tactics used by insurance adjusters and defense attorneys, as we have been handling this type of case for decades.
We know how to protect your rights and make sure you get the maximum compensation you deserve.
Legal Representation in Negotiations and Court
Studies have proven that more than 80% of all cases are settled out of court. However, if your case cannot be settled fairly without a lawsuit, we will file your case. Our expertise in commercial vehicle litigation is unmatched.
We prepare every case as though it will be tried, and the insurance carriers for commercial vehicles know us well.
Wrecker Insurance Coverage Requirements in Houston
Texas has set the minimum liability insurance requirements for tow trucks at $300,000 for private tow trucks and $500,000 for wreckers that accept tows from the police investigating a crash. Given the commercial insurance policies, get our experienced Houston accident lawyer to fight for full compensation for your injuries.
Why You Need an Experienced Houston Tow Truck Accident Lawyer
There is an old saying, “There is no substitute for experience”. When you hire our law firm to represent you, you will be represented by an award-winning attorney who has not lost a commercial vehicle accident case in over 40 years. We recommend that you take steps to investigate the attorney you plan to hire before you sign any paperwork.
We also suggest that you be wary of law firms where you meet the partner only to find out later that inexperienced associates and paralegals are handling your case. That will not be the case with our law firm.
Cases We Handle:
Some of the most dangerous highways in Texas
Interstate 10
Interstate 45
US 69
US 290
If you were hurt in a tow truck accident, call a Houston truck accident attorney for help. Our team has the experience and tenacity to handle all truck accident cases. Over the last 35 years, we have helped many people who have been hurt in a tow truck wreck!
Contact our office today to discuss the details of your injury in a complimentary consultation on injury accidents.
Call us at 281-893-0760 to speak with top-rated truck accident attorney Greg Baumgartner.
WE DO NOT HANDLE PROPERTY DAMAGE CLAIMS- ONLY PERSONAL INJURY!
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Can I Trust The Adjuster After An Injury Truck Accident?