If you are in an accident or your car breaks down, a tow truck is a welcome sight. However, these large trucks often are the cause of an accident. When a massive tow truck, some weighing as much as 20 tons, collides with a smaller passenger vehicle, the resulting injuries could be catastrophic.
There are thousands of tow trucks traveling Maryland roads and highways, providing valuable services to motorists. However, if a tow truck operator is careless, negligent, or makes a costly mistake, they should be held liable for any resulting injuries.
Accidents involving commercial trucks present more challenges than ordinary car accident cases. Typically the injuries are more serious and they might be multiple liable parties. Our Maryland lawyers for car accidents caused by tow trucks have decades of experience handling complex litigation. Call Rice, Murtha & Psoras at (410) 694-7291 to schedule a free appointment.
Common Causes of Tow Truck Accidents in Maryland
Tow trucks are a common sight on Maryland roadways. They perform valuable services, from helping distressed drivers, clearing accident sites, and even plowing snow. However, the sheer size of these massive vehicles makes them more dangerous than smaller vehicles.
Tow truck drivers work long, hard hours. These long stretches, in all weather conditions, make operators vulnerable to fatigue and other forms of stress.
Furthermore, many drivers will rush to a scene of an accident to be the first one there and get the job. These are just a couple of the various reasons tow truck accidents occur.
Driver Error
Tow truck drivers who drive recklessly, speed, or are distracted present an unreasonable danger to all other motorists. Because of the size and weight of a tow truck, the smallest error could result in a devastating accident.
Detached Vehicles
A tow truck operator must securely attach a disabled vehicle to their truck. If a car is improperly connected to the tow truck, it is liable to detach. There are few things as dangerous as a towed vehicle coming loose while on a highway. If a car is not struck by the renegade vehicle, a driver is likely to be in an accident attempting to avoid the out-of-control vehicle.
Obstructed Brake Lights
Brake lights are necessary for indicating when a vehicle is slowing down. If a tow truck’s brake lights are not visible and no alternative is in place, drivers behind a tow truck might be unaware that the truck is slowing down or coming to a sudden halt. Even if another motorist is paying attention, the lack of visible brake lights could cause an accident.
Poor Maintenance
Tow trucks spend thousands of hours in operation each year. the wear and tear will take a toll on the vehicle. Drivers and tow truck companies have an obligation to ensure that their trucks are in a safe operating condition. This means that they must perform routine inspections and repairs when necessary. A preventable mechanical failure could lead to a devastating accident.
Proving Negligence in a Maryland Tow Truck Accident
If you want to hold a tow truck driver liable for your injuries and damages, you must prove that the driver was negligent. To prove negligence in a personal injury lawsuit, a plaintiff must establish four elements.
Duty of Care
A duty of care is a legal responsibility not to cause harm. This duty could result from the relationship between the parties or the circumstances surrounding an injury.
For example, a tow truck driver has an obligation to safely operate their vehicle. This includes maintaining the truck, following traffic laws, and paying attention while driving.
Breach
A breach of duty occurs when someone fails to comply with their legal duty. A court will generally ask, “what would a reasonably prudent person do under the same circumstances?” For instance, a prudent tow truck driver would double-check to ensure a disabled car was secured properly. If an operator bypasses certain steps to save time, they are not acting prudently or reasonably.
Causation
Taking a shortcut does not mean a tow truck driver is liable for any injuries. A plaintiff must demonstrate that the breach of duty caused their injuries. If your car was struck by a disabled vehicle that disconnected with a tow truck because the operator failed to ensure it was secured, the careless conduct is why the accident occurred.
Damages
To receive compensation through a personal injury claim, a plaintiff must have suffered harm. Damages is the legal term to represent the financial harm an injured person suffered, including medical bills and physical pain. If you have been hurt in a tow truck crash, you have suffered damages.
Contributory Negligence and Maryland Tow Truck Accidents
Establishing that a tow truck driver was negligent is only one hurdle. An injured plaintiff must also contend with Maryland’s contributory negligence doctrine. In most jurisdictions, a jury will determine if a plaintiff contributed to an accident. If they have, their potential compensation will be reduced by that amount. For example, if an injured motorist was 25% at fault because they were speeding as well, a $100,000 award would be reduced to $75,000.
However, in Maryland, if an injured plaintiff is found to have contributed to an accident, they are barred from receiving any financial compensation from the defendant. Our Maryland tow truck accident lawyers will not only work to prove the other party was negligent, but they will also have to be prepared to counter any allegations that you were at fault.
Our Maryland Lawyers for Car Accidents Caused by a Tow Truck Offer Free Consultations
Tow truck accidents often result in catastrophic and life-altering injuries. You need a dedicated law firm with decades of experience handling complex personal injury claims. Our Maryland lawyers for car accidents caused by a tow truck have the resources to handle your case. Contact Rice, Murtha & Psoras at (410) 694-7291.