Hurt in a Tow Truck Crash? Correll Law Firm Can Help You Understand Your Options

A tow truck crash can change a family’s life in seconds. Drivers, passengers and people on foot can be hurt badly, and many questions follow about who is responsible and what comes next.

Yes, a person hurt in a tow truck crash in Virginia may have a claim against the people or companies responsible. A tow truck accident lawyer can explain how Virginia’s rules apply to the facts. Early review helps, because evidence from the scene can disappear quickly.

What a Tow Truck Accident Claim Covers in Virginia

A tow truck accident claim asks who caused the crash and what the injuries have taken from the person hurt.

A tow truck is also called a wrecker. A tow truck crash is a collision involving a tow vehicle while it is working, driving to or from a job, or hooking up or unloading a disabled vehicle.

People who may be involved include the tow operator, the driver of the towed vehicle, other drivers, passengers, pedestrians and roadside responders.

The firm handles car accidents, truck and commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death. It represents people seriously hurt in these crashes and families in wrongful death cases.

Its offices are in Winchester and Harrisonburg. It serves people across the Shenandoah Valley, Richmond and Henrico County.

How Tow Truck Crashes Cause Serious Injury

Tow truck work puts people close to fast traffic and heavy equipment. That mix can cause serious harm.

• Roadside hookups. A driver may stop on a shoulder or in a travel lane to hook up a car. Passing traffic can strike the driver, the stopped car or nearby workers.
• Moving a towed vehicle. A vehicle that is not secured well can shift, drop or swing during towing, braking or turns.
• Loading and unloading. Rollback trucks slide a car up a ramp onto a flat bed. Wheel-lift trucks lift the front or rear wheels. A crash can happen during either step.
• Highway speeds. On highways, a tow truck is a heavy vehicle. Heavy impacts raise the risk of brain and spinal cord injuries.

A towed vehicle’s occupants can also be hurt when the two vehicles collide.

Why a Tow Truck Claim Can Involve More Than One Party

More than one party may be responsible in a tow truck crash, and who is responsible depends on the facts.

Possible parties include the driver, the tow company that employs or dispatches the driver, the vehicle owner and other drivers.

Federal rules can add a layer for commercial trucks. Under 49 C.F.R. § 390.11, a motor carrier must require drivers to observe duties prescribed for drivers in part 325 of subchapter A or in this subchapter, and prohibitions imposed on drivers there. Federal testing rules for commercial drivers, including testing after a crash, are set out by the Federal Motor Carrier Safety Administration.

That is why the firm looks at the company behind the truck as well as the driver. Insurance adds more layers, since the tow company’s policy and other drivers’ policies may each come into play.

Serious Injuries That Tow Truck Crashes Can Cause

Tow truck crashes can cause traumatic brain injuries, spinal cord injuries and other catastrophic harm.

• Traumatic brain injury. A blow or violent jolt can injure the brain. Some symptoms can appear hours, days or weeks after the crash.
• Spinal cord injury. Damage to the spinal cord can cause paralysis or lasting changes in movement and feeling. Some people need long-term medical care and daily help.
• Other catastrophic injuries. Crashes can cause multiple fractures, internal injuries and amputations.

Early medical care comes first, for health reasons. A complete record of diagnosis and treatment also helps document the injury in any claim.

No one can predict how an injury will progress, so the firm does not promise a result.

What a Tow Truck Claim May Include

A claim may seek compensation for medical care, lost income and the way an injury changes daily life.

For wrongful death, Virginia law sets out its own list of damages. Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52).

The statute is at Va. Code § 8.01-52.

Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1).

What to Expect After a Tow Truck Crash

The first steps are medical care, reporting the crash and keeping evidence from being lost.

1. Get medical care. Treatment comes first, even when injuries seem minor.
2. Report the crash to police right away. Virginia’s reporting duty is explained in the deadlines section below.
3. Document the scene. Photograph the vehicles, the hitch or hook, the road and any marks. Write down witness names.
4. Ask that evidence be kept. Dispatch logs, driver logs and dashcam video can be lost or overwritten, so early requests matter.
5. Expect insurer outreach. Adjusters may reach out quickly. The injured person may wish to speak with a lawyer before giving a recorded statement.
6. Investigation. The firm reviews the crash report, medical records, photos and company records to understand what happened.
7. Resolution. Some claims settle before trial, and others become lawsuits. Timelines vary with the facts and the injuries.

Deadlines and Reporting Rules That Affect Your Claim

Timing matters, and Virginia sets the key rules by statute.

Crash reporting. Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The reporting duties appear in Va. Code § 46.2-371 and Va. Code § 46.2-894. The two-year period is the deadline to file a lawsuit, not to report a crash.

Filing deadline. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. The statute is at Va. Code § 8.01-243.

Wrongful death deadline. A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. The time limit is set in Va. Code § 8.01-244.

Frequently Asked Questions About Tow Truck Accident Claims

Here are short answers to common questions about tow truck accident claims in Virginia.