In Texas, a crash involving a tow truck can be a claim against the operator, the towing company, and sometimes the party that called the tow. Towing companies and operators are licensed by the Texas Department of Licensing and Regulation, and their trucks are commercial vehicles. Crashes happen on the road, at roadside scenes, and when vehicles fall from a tow. Owsley Law Firm handles these claims and charges no fee unless it wins.
How do tow truck crashes happen?
Tow trucks cause crashes in several distinct ways, and each one points to a different kind of evidence.
- A tow truck speeding to be first at a crash scene
- Unsafe pulling into or out of traffic at a roadside recovery
- A towed vehicle breaking loose because of improper chains, straps, or wheel lifts
- Heavy wreckers swinging wide or backing at highway scenes
- Fatigue from long on-call shifts
- Brake and equipment failures on poorly maintained trucks
Who regulates tow trucks in Texas?
The Texas Department of Licensing and Regulation licenses towing companies and individual tow operators under Chapter 2308 of the Occupations Code and its rules. Licensing records, complaints, and permit history can be relevant to whether a company knowingly put an unqualified operator or unsafe truck on the road. Heavy wreckers and trucks operating across state lines may also be subject to federal motor carrier safety rules, depending on their weight and use.
Who is liable when a tow truck causes a crash?
The operator is responsible for careless driving or improper securement of a towed vehicle. The towing company is generally responsible for its operator on the job and can be directly responsible for hiring, training, and maintenance. When a towed vehicle comes loose, the claim focuses on the securement equipment and the operator's procedure. Other drivers and equipment manufacturers can share responsibility under Chapter 33 of the Civil Practice and Remedies Code.
What if a tow truck was hit at a roadside scene and I was hurt?
Texas requires drivers to move over or slow down for stopped tow trucks displaying their lights under section 545.157 of the Transportation Code. When a passing driver ignores that rule and strikes a tow truck, a stranded motorist, or the vehicle being recovered, that driver is a primary defendant. If the tow operator set up the scene in a dangerous way, that conduct is examined as well.
What about non-consent and police-ordered tows?
Many tows happen at the request of a police department after a crash or under a private property towing arrangement. The circumstances of the tow do not change the operator's duty to drive and secure vehicles safely. Records of who called the tow, when, and under what agreement can identify additional parties and insurance.
What evidence matters in a tow truck case?
Photograph the tow truck, its company name, and its license number, which Texas requires to be displayed. Note the condition of the chains and straps if a vehicle came loose. Dispatch logs, GPS data, and the company's licensing and inspection history can be obtained through the claim. Scene video from dash cameras and nearby businesses is often decisive.
What injuries do tow truck crashes cause?
A heavy wrecker in a collision with a passenger car causes the same serious injuries as other heavy trucks. Vehicles that break loose from a tow can strike oncoming cars at highway speed. People standing at roadside scenes, including stranded drivers and passengers waiting for help, are especially exposed to being struck by passing traffic or by the tow truck itself.
Head injuries, spinal injuries, fractures, and crushing injuries are common in these crashes, and they often require long treatment. Early and consistent medical care builds the record of what the crash caused.
What should you do after a tow truck crash?
Make sure police document the crash. Photograph the tow truck, the company name, and the license or permit number painted on the truck, along with any loose chains, straps, or towed vehicle involved. Get witness names, particularly from other drivers who saw the tow setup or the towed vehicle break free.
If the tow company also towed your car, note where it was taken and request that it be preserved. Avoid recorded statements to the tow company's insurer before getting advice.
What damages can be recovered after a tow truck crash?
An injured person can recover medical expenses, lost income, loss of earning capacity, pain, mental anguish, physical impairment, and disfigurement, along with property damage. If a tow company damaged a vehicle while towing it, that property damage can also be claimed.
When a towing company kept an operator on the road after repeated complaints, or used equipment it knew was failing, Chapter 41 of the Civil Practice and Remedies Code allows exemplary damages if gross negligence is proven by clear and convincing evidence. Licensing complaints and the company's history can be part of that proof.
Can a police-requested tow company be treated differently?
Tow companies on a police rotation list still answer for their own negligence. Rotation programs often require minimum insurance and equipment standards, and the program records can show whether the company met them. A city's role in calling the tow does not usually make the city responsible for how the operator drove.
How long do I have to file?
Most injury claims must be filed within two years under section 16.003 of the Civil Practice and Remedies Code. If the tow was operated by a city or county, much shorter notice deadlines may apply under the Texas Tort Claims Act.
Common questions
What clients ask about tow truck crashes.
Are tow truck companies required to carry insurance in Texas?
Yes. Texas licensing requires towing companies to maintain liability insurance, and that coverage is the starting point for most claims.
A car came loose from a tow truck and hit me. Who pays?
The tow operator and company are the primary parties, because securing the towed vehicle is their responsibility.
Can I file a complaint as well as a claim?
Yes. A complaint to the Texas Department of Licensing and Regulation is separate from a civil claim and does not replace it.
What if the tow truck was responding to my own crash?
The operator still owes a duty of care to everyone at the scene, including the people who called for help.
Can I recover if my car was damaged during a tow?
Yes, a towing company is responsible for damage caused by improper towing. Document the damage before and after the tow if you can.
What does the firm charge?
No fee unless it wins.