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Houston Tow Truck Accident Lawyer

tow truck accident

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. These large trucks are commonly seen on our streets and highways in Houston. You call a tow truck when you need help. No one expects to get injured in an accident with a tow truck.

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 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:

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.

Houston tow truck accident lawyer

Commercial Driver’s License Required For Tow Truck Drivers

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 maintenance companies might be responsible. 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.

What Are the 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.

How are Personal Injury Damages in Texas Valued?

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.

Frequently Asked Questions About Tow Truck Accident Cases

Q: What Should I Do at the Crash Scene of My Tow Truck Accident?

A: When you have been hit by a tow truck, you may be in shock and worried about your injuries. Here are some things you should do to protect yourself and ensure your safety, and to protect a claim for financial compensation. We recommend that you never admit fault to anyone at the scene. Here are things to do at the scene when you are hit by a tow truck.

  • Call the police even with minor injuries.
  • Make sure you are safe in your vehicle.
  • Seek medical help for injuries, no matter how minor.
  • Exchange information with the other driver.
  • Write down the name, address, and phone number of any witness.
  • Note the name and badge numbers of any investigating officers.
  • Take photographs or video of your vehicle and the tow truck.
  • Take photographs of your injuries and any other relevant facts.

We suggest that you do not give a recorded statement to the at-fault driver’s insurance company. We discuss the accident with the police investigating and your own insurance company.

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Q: How Long Do I Have to File a Claim Against the Wrecker Driver?

A: 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.

Q: What Steps Should I Take After a Collision with a Tow Truck?

A: If you have been injured in an accident with a tow truck in Houston, you may wonder what you should do. Acting can help your recovery and your personal injury claim. Here are things we recommend you do after being injured in an accident with a tow truck.

  • Get a copy of the police report.
  • Take your vehicle to a dealership for an estimate of property damage.
  • Keep a diary of your out-of-pocket expenses.
  • Keep a record of all your doctor visits and medical expenses.
  • Total of all your medical expenses.
  • Get copies of all your medical records from your doctors.

You may be contacted by the insurance company regarding the tow truck driver’s attempt to settle your case. We recommend that you never accept a settlement without consulting a lawyer. Settlements are final, and once you have agreed, you will be barred from seeking further compensation.

Q: What If I Can’t Afford an Attorney for a Tow Truck Accident?

A: Our law firm accepts commercial vehicle accident cases on a contingency fee basis. A contingency fee means that the attorney is only paid if they win money for you.

Contingency fees are also advantageous to you because they allow you to get the best possible attorney for your case without having to come up with money up front.

We offer a free, no-obligation consultation to discuss your case, rights, and options. The sooner you contact us, the better for your case.

Q: What Should I Look for When Choosing a Tow Truck Accident Attorney?

A: If you’ve been involved in an accident with a tow truck, you need an experienced truck accident attorney for your case. Getting the right legal representation can make a significant difference in the compensation that you receive.

We suggest you research the attorneys you are considering before hiring one. Here are some areas that you may consider when choosing your lawyer.

Record of success: Find a lawyer who wins commercial vehicle accident cases.

Experience: Experience matters in truck accident cases as special regulations apply. Knowledgeable attorneys can use the requirements to help build a strong case for you.

Personal service: Select an attorney who can focus on your case.

High-volume law firms and TV or billboard attorneys should be avoided. Get the focus your case deserves. We frequently receive inquiries from clients of these high-volume law firms who are dissatisfied with the service they are receiving. They are asked to accept a lowball offer, or the attorney will not call them back. Often, a paralegal handles the case, and they never speak to the attorney.

Our nationally recognized commercial vehicle accident lawyer has been handling commercial vehicle accidents for over four decades, and we have achieved a perfect record in those cases. We will fight for maximum compensation for you and your family and handle all communications with the insurance company.

Q: How Much Liability Insurance Coverage Must Tow Trucks Carry?

A: 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.

Q: I am a Tow Truck Driver Injured in an Accident. What are My Compensation Options?

A: If you were on the job at the time of the crash, you may be entitled to workers’ compensation benefits if your employer had that type of coverage. Workers’ compensation in Texas is very good at paying medical costs and getting you medical care, and also covers a percentage of your lost wages.

However, workers’ compensation in Texas is limited in paying for human damages like pain and suffering.

If another driver was at fault, you have the option of pursuing that driver for personal injury damages in addition to making a workers’ compensation claim.

Contact our experienced tow truck accident attorney. For a complimentary consultation regarding your rights and options after your accident.

What Can a Houston Wrecker Accident Attorney Do for Me?

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.

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. We serve all of Harris County, TX.

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.

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.

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 290

Contact a Top-Rated Tow Truck Accident Lawyer in Houston for Help

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 40 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 281-893-0760

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!

 

Related Resources:

Semi-Truck Towing Accident in Rush County Leaves Two Dead

Who is Responsible for an 18 Wheeler Wreck?

What You Need to Know About Damages in Houston Trucking Accident Cases

Who is responsible

Do I Have an Obligation to Mitigate Damages?

First steps after a truck wreck

Can I Trust The Adjuster After An Injury Truck Accident?

Call us to speak with an award-winning Texas Truck Accident Attorney

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