Can I Sue A Tow Truck Driver If They Damage My Car?

Sometimes it seems as if everything that can go wrong… will. You find yourself broke down on the side of the road and in need of a towing service. Thankfully, you have your cell and are able to call for a tow truck that will arrive shortly. Once your car is loaded up and you enter the cab of the truck, you depart for the service station.

Then, as if your day was not bad enough, the tow truck driver makes a poor decision behind the wheel and it results in an accident. You are injured, your car is damaged, the other vehicle involved is wrecked and its driver is injured as well. Even though you are sitting in pain, waiting for emergency services to arrive, you cannot help but wonder who is going to be held responsible for this accident.

Personal Injury

Under laws in many states, the person or entity that caused the accident is responsible for the accident. In the event described above, the owner of the tow truck would be responsible for the actions of their drivers. As a passenger in the truck while it was performing services for you, they are responsible for your safety and the safety of your personal property (car).

There are many shared liability states, which means that if both drivers were at fault, the percentage of fault will be determined. Then, the most responsible party pays compensation based on that percentage. However, in the event stated above, the passenger in a commercial vehicle will not be effected by this rule.

What to Do In A Similar Event

Sadly, this type of scenario is not uncommon. Knowing what to do will allow you to make proper decisions and protect your rights in filing a compensation claim. You should:

• Seek Medical Care: Make sure that you receive medical attention at the time of the accident. You want to make sure that any and all pain or discomfort is noted and checked. What may seem like a small ache, may actually be the onset of something more serious. Many concussions are found too late, due to ignoring a headache at the scene of an accident.

• Contact An Attorney: As soon as you are released from medical care, you will want to contact an attorney that handles personal injury cases involving commercial vehicle accidents. It is very important to contact an attorney immediately to make sure all of your rights are protected.

• Refrain from Premature Statements: The insurance company is going to push you to release them from liability by offering a small settlement before even reviewing the damages and injuries you suffered. This is not fair to you, as a victim, and is only beneficial to their bottom line. Speak to an attorney before giving any written or oral statements to the insurance company.

A bad day does not have to turn into a chaotic event. Make sure that you contact an attorney and allow them to manage the legal aspects of this case. This will give you the ability to concentrate on what really matters after this type of situation: your physical recovery.

Source by Em John

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