Car Towing Accidents
Tow trucks haul other vehicles, and due to their massive size and equipment, they can weigh nearly twice as much as another similar-sized vehicle. A collision between a passenger vehicle and a tow truck can lead to serious damage. Victims tend to suffer life-altering injuries as well as fatalities. The Wheaton and Schaumburg car acciednt lawyers at Therman Law Offices help people who have been injured in an accident. Our team of skilled attorneys brings a combined 35 years of experience to diligent advocacy on behalf of those hurt by the negligent or careless acts of others. Our goal is to preserve your legal rights and work to seek the maximum compensation for your harm.Pursuing Legal Action After Suffering Injuries in a Car Towing Accident
Tow truck accidents may take place for a variety of reasons, including speeding, failing to maintain the truck, and following too closely behind other vehicles. An inexperienced or fatigued driver can cause a crash because their ability to react to obstacles on the road and to pay attention is affected. Depending on the facts surrounding the accident, the tow truck driver or the towing company may be held legally responsible for damages suffered by accident victims.
A driver’s negligent actions may have caused a tow truck accident. If the victim can show that the driver breached their duty of care, directly causing the accident that caused their harm, they likely have a strong legal case for damages. Negligence may be shown by conduct such as violating the rules of the road, or driving while texting or intoxicated. Tow truck accidents can lead to sideswipe collisions, T-bone collisions, and underride accidents.
To successfully recover damages from a negligent driver, an accident victim must show that all elements of a negligence claim are met, including duty, breach, causation and damages. Duty refers to the duty of care that drivers must exhibit to others on the road. This duty includes obeying all traffic rules, maintaining a safe speed and proper control of the vehicle, and adjusting driving conduct to reflect changing weather conditions. A breached duty of care may be demonstrated by evidence that the tow truck driver failed to exercise proper caution, as a reasonable person would under similar circumstances.
If a tow truck driver is employed by a towing company, then the driver and the company may both be held liable. The doctrine of respondeat superior holds the driver and their employer accountable if the driver’s actions at the time of the collision fall within the scope of their employment duties. A towing company also has a duty to hire qualified drivers, and ensure that they are properly trained in operating a two truck. Additionally, in certain situations, roadway maintenance crews may be involved and partly responsible for contributing to the collision. An experienced attorney can help ensure that all potentially at-fault parties are investigated.
Proving causation is necessary in all car towing accident lawsuits, as the victim can be eligible to recover damages once they prove that the at-fault driver or other party directly caused the crash. Sometimes this element of a claim is known as “but for,” meaning that but for the defendant's actions, the accident would not have occurred.
As the final step of a negligence claim, the victim will set forth their economic and non-economic damages. When a vehicle is hooked to a tow truck, the weight and momentum of the tow truck increases exponentially. As a result, the damage caused in a car towing accident can be catastrophic. Victims can suffer traumatic brain injury, concussions, and disfigurement. Medical expenses and lost income from work due to injuries are types of damages that may be recovered. Emotional pain and suffering, while more challenging to quantify, may also be recovered by successful plaintiffs in a personal injury lawsuit.Experienced Schaumburg and Wheaton Lawyers for Car Accident Claims
The tenacious injury attorneys at Therman Law Offices will fight to secure the best result for your legal claim following a car accident. We assist people and their families throughout Wheaton and Schaumburg, as well as Harwood Heights, Norwood Park, Norridge, Edison Park, Park Ridge, Elmwood Park, Elk Grove Village, Des Plaines, Rosemont, Arlington Heights, and Mt. Prospect. To understand more about the specifics of your claim, contact our office for a free consultation. We can be reached at 312-588-1900 or online.