Tow trucks spend their working lives in the most dangerous places on Florida roads: the shoulder of the interstate, the scene of an earlier crash, and the gap between moving traffic and a disabled car. Operators often hurry to calls, especially when they are competing with other companies for the job. Rollback trucks carry a car on a tilting bed that must be chained down. Wheel-lift trucks tow a car on two wheels behind them, and a hookup that is not secured can let the car swing or break free. Heavy wreckers tow buses and tractor-trailers and need enormous distance to stop.
Each type of tow truck crash calls for a different investigation. We start by identifying which kind of crash happened and who controlled each part of it.
1. Document the hookup or the bed
If a towed car came loose, or the tow truck's load contributed to the crash, the way the car was attached is the key evidence. Photograph the chains, straps, wheel-lift or tow bar, the safety chains, and the points where they attached to the towed car. On a rollback, photograph the bed, the winch cable and the tiedowns. Federal cargo rules for hauling automobiles, light trucks and vans weighing 10,000 pounds or less require restraint "at both the front and rear" using "a minimum of two tiedowns," attached to mounting points designed for that purpose (49 C.F.R. § 393.128). We ask a reconstruction professional to evaluate whether the method used met those standards and the manufacturer's instructions.
“at both the front and rear”
§ 393.128
2. Get the dispatch and call records
Tow calls create a paper trail. A motor club, insurer roadside program, police rotation list or private property towing contract usually generated the call, with a time stamp, an estimated arrival time and the operator's acceptance. Those records show whether the operator was rushing to a call or to another job. We also request the tow invoice or ticket, the operator's phone records, and any GPS or telematics data from the wrecker. A tow truck rated 10,001 pounds or more that travels in interstate commerce is a commercial motor vehicle under federal rules (49 C.F.R. § 390.5), and Florida applies many of the same rules to in-state commercial trucks (§ 316.302(1)(b), Fla. Stat.).
3. Know the Move Over law when the wrecker is the one struck
Florida's Move Over law expressly covers tow trucks. It applies when "a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside" (§ 316.126(1)(b)). On a multilane road, approaching drivers must leave the lane closest to the wrecker when it is safe to do so; on a two-lane road they must slow to "20 miles per hour less than the posted speed limit" when the limit is 25 miles per hour or more. The same protection covers a disabled vehicle displaying hazard lights. If you were a tow operator, or the stranded motorist the operator was helping, and a passing driver hit you, that statute frames the case against that driver.
“a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside”
§ 316.126(1)(b)
4. Check whether the wrecker created the hazard
Sometimes the tow truck itself is the danger: parked partly in a travel lane without warning devices, working without functioning amber lights, pulling back into traffic without looking, or making a U-turn across lanes to reach a call. Photograph the wrecker's position, its lights, any cones or flares, and the distance from the travel lane. Ask witnesses whether the lights were on.
5. Send the preservation letter to the tow company and the dispatcher
Our letter goes to the tow company, any motor club or roadside assistance company that dispatched the call, any property manager or business that ordered a private tow, and the owner of the towed vehicle. It demands the wrecker and the towed vehicle, the chains, straps and hardware used, dash and body cameras, GPS and telematics data, dispatch logs and call acceptance records, the tow ticket, the operator's training and certification records, the company's equipment inspection and maintenance records, and the operator's driving history. Driver inspection reports noting defects are kept for only three months (49 C.F.R. § 396.11), and video is often overwritten sooner, so we send the letter immediately.
Who may be responsible
The tow operator and the towing company are the first parties we look at. A towing company may also be responsible for hiring or retaining an operator with a poor record or for failing to train its operators on hookup and roadside safety. A motor club or roadside assistance network that dispatched the call may share responsibility, depending on how much control it exercised over the work and its timing; that turns on its contract with the towing company. A driver who struck the tow scene is responsible for violating the Move Over law or driving carelessly. When a tow company operates under a city or county rotation program, the contract may require specific insurance that we review. If the crash involved a government vehicle being towed, or a government employee directing the scene, the notice rules in § 768.28 may apply.
The Florida rules that matter
Deadlines. For most negligence claims, Florida's limitations period is two years (§ 95.11(5)(a)). A wrongful death action also has a two-year limit (§ 95.11(5)(e)). Claims against a government entity require written notice first (§ 768.28(6)(a)).
Fault. Tow cases often involve several drivers, the tow operator and the stranded motorist. Your recovery is reduced by your own percentage of fault (§ 768.81(2)) and barred if you are found more than 50 percent at fault (§ 768.81(6)). Each defendant pays according to its own share (§ 768.81(3)), so every driver and company involved must be identified.
Load rules. A vehicle may not be driven on a highway unless it is loaded "as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom" (§ 316.520(1)). A car on a rollback bed is part of the load.
Crash reports. The parties and their legal representatives may obtain a Florida crash report during the 60 days it is otherwise confidential (§ 316.066(2)). If the tow truck was called to an earlier crash, we obtain that report as well, because it explains why everyone was on the shoulder.
Personal injury protection. Your own PIP coverage pays medical benefits only if you receive initial care "within 14 days after the motor vehicle accident" (§ 627.736(1)).
“as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom”
§ 316.520(1)
“within 14 days after the motor vehicle accident”
§ 627.736(1)
Your checklist
- Photograph the wrecker, its lights, its position and any cones or flares.
- Photograph the hookup, chains, straps or bed if the towed vehicle was involved.
- Write down the tow company name, truck number and operator name.
- Note who called the tow: police, a motor club, an insurer or a property manager.
- Get medical care within 14 days, and sooner if you are hurt.
- Call us quickly so dispatch records and video are preserved.
How we handle these cases
We identify which kind of tow truck crash occurred, secure the hardware and the dispatch trail, and determine who controlled the call, the hookup and the scene. When a tow operator is the person hurt, we pursue the driver who violated the Move Over law and identify every policy that may apply. We handle commercial vehicle crash cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando and Jacksonville. Meetings by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.