You’ve probably seen tow trucks before. They’re large, heavy vehicles, and their job is to move damaged or stalled cars off the road so traffic can start flowing again. Tow trucks are there to help you, and if you get in a car accident or your vehicle breaks down, you’ll be glad when a helpful tow truck operator shows up.
However, it’s not inconceivable that a tow truck itself might cause an accident. Tow trucks take up a lot of space, and you can always hit one, or they can strike your vehicle.
If you’re sure that a tow truck driver caused your accident, you need to get the law on your side to help establish that. Here are five ways you can do so.
The Police Can Administer a Breathalyzer
With tow truck accidents, it could be that you’re dealing with an intoxicated driver. It might be obvious that:
- The driver has ingested alcohol
- The driver has consumed illegal drugs
If the tow truck driver did something reckless, that’s a sure intoxication sign. Maybe after they hit your car, they get out of the vehicle, and they’re slurring their words or stumbling around.
If so, you have to try to get the police to give them a breathalyzer without delay. Don’t let them wander off.
If they did ingest alcohol or drugs before getting behind the wheel, a sobriety test could prove that. You can use that test if you decide to pursue a personal injury lawsuit.
The Police Could Track the Driver Down if They Fled the Scene
If a tow truck operator hits your vehicle, and they attempt to flee the scene, that points to their guilt. That probably means:
- They know they were in the wrong
- They’re under some substance’s influence
Tow trucks have license plates, just like other vehicles do. If the tow truck driver hits your car and then leaves the scene before the authorities arrive, you must try to get their license plate number. Make a mental note or jot it down in your phone.
You can tell the police the license plate number, and they can use it to track down the vehicle and operator. They should not get far.
You Can Use Police or First Responder Testimony in Court
After the accident, you might pursue a negligence or personal injury lawsuit. This is a smart idea if the tow truck driver’s insurance does not cover all your medical bills, physical therapy bills, etc.
During the trial, you can subpoena the police officers or other first responders who arrived at the scene. Your lawyer can ask them about what they saw and their impressions when they got there.
This could be critical if the tow truck driver tries to say that things happened differently from what you remember. You have a better shot at winning your suit with eyewitness testimony to back up your event version.
You Can Use Police Body Camera Footage
Maybe the police officers who responded also had working body cameras or vehicle dashboard cameras recording the incident. You can also subpoena this as trial evidence if it comes to that.
Like police or medical personnel statements, this footage can show that things transpired like you say they did. If the tow truck driver acted evasively or refused a breathalyzer, and the camera footage shows this behavior, you have an excellent chance of winning your lawsuit.
You Can Use Written Police Reports
Every time a police officer responds to an accident scene, they must write up a detailed report on what happened. This report should include the names of those involved, their event account, license plate numbers, and information on whether they performed a breathalyzer or field sobriety test.
This might be further evidence you can use against the tow truck driver if they’re saying things happened differently than what you remember.
It might not take a single one of these things to convince a jury to award a judgment in your favor. Instead, you might require several proof pieces, including the breathalyzer result, the written report, eyewitness testimony, etc.
The police shouldn’t mind helping you in this regard. They want to get reckless and dishonest drivers off the street, particularly when that individual is driving something as big and potentially dangerous as a tow truck.
You have a right to compensation if what happened was the other driver’s fault, and that goes for commercial vehicle operators just like regular motorists.