Who is responsible when a tow truck causes a crash?
When a tow truck driver causes a crash, the towing company is generally responsible for its driver acting on the job, and the company's commercial auto policy is usually the main source of recovery. If the crash came from equipment failure or a load that was not secured, the company can also be directly responsible for its own maintenance and training. The kind of lawyer you need is a personal injury lawyer who handles commercial vehicle claims.
Towing work creates its own risks. Operators often rush to a scene, work in live traffic lanes, make wide turns while pulling a second vehicle, and back into tight spaces to hook up. A towing combination is longer and heavier than the tow truck alone and needs more room to stop.
When the towed vehicle breaks loose
A car that separates from a tow truck on the Schuylkill Expressway or I-476 becomes a serious hazard to everyone behind it. Federal equipment rules address this directly. When a vehicle is towed with a tow-bar, it must be connected by a safety device that keeps it from breaking free if the tow-bar fails or disconnects, and if safety chains or cables are used, there must be at least two (49 CFR § 393.71). Tow-bars that depend on the bumpers to carry the load may not be used to tow a vehicle weighing more than 5,000 pounds (§ 393.71).
On a flatbed or rollback, the car being carried is cargo. Federal cargo securement rules require an automobile, light truck or van weighing 10,000 pounds or less to be restrained at both the front and rear with at least two tiedowns, using mounting points designed for that purpose or wheel straps that restrain it in every direction (49 CFR § 393.128). A car that rolls off a flatbed usually means one of those steps was skipped.
Which federal rules reach a tow truck
Federal motor carrier safety rules apply to commercial motor vehicles used in interstate commerce, and the weight test counts the gross combination weight rating, so a tow truck pulling another vehicle can qualify at 10,001 pounds or more (49 CFR § 390.5). Heavy wreckers that recover tractor-trailers clearly fall in that range. Where the rules apply, the towing company must systematically inspect and maintain its equipment and keep records (49 CFR § 396.3), including the winch, cables, chains and lights.
Where federal rules do not reach a small local operation, the ordinary duty of care still does. A towing company that sends out worn chains, untrained drivers or overloaded trucks can be negligent whether or not a federal regulation names the defect.
Tow operators and stranded drivers hit at the roadside
Pennsylvania's move-over law protects the people working at a roadside scene. Towing and recovery personnel are listed as emergency service responders (75 Pa.C.S. § 102), and drivers approaching an emergency response area must move to a lane not next to it if possible or, if not, slow to at least 20 miles per hour below the posted limit and a safe speed (75 Pa.C.S. § 3327(a)). The same duty applies when passing a disabled vehicle (§ 3327(a.1)).
If you were standing beside your broken-down car on I-95, or you are a tow operator hit while hooking up a vehicle, the driver who failed to move over or slow down is responsible, and a violation of the statute is strong evidence of negligence. A tow operator hurt on the job may also have a workers' compensation claim.
Evidence in a tow truck case
Useful evidence includes the tow company's dispatch records and call times (showing whether the driver was racing to a call), the tow ticket describing how the vehicle was hooked or secured, photographs of chains and straps, maintenance records, and any dashcam or phone video. If a police department requested the tow, its records may show the time of the call and the company assigned.
Keep your damaged vehicle available for inspection if it is part of the evidence, and send a written preservation request to the towing company early.
Deadlines and next steps
A Pennsylvania injury claim generally must be filed within 2 years (42 Pa.C.S. § 5524). If a tow truck owned by a municipality was involved, a 6-month written notice may be required (42 Pa.C.S. § 5522).
Warren I. Siegel, Esq. handles tow truck claims on a 100% contingency fee: no attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. Call (267) 412-4601 or send the free case review form.
Questions People Ask About Tow Truck Accident Claims
What kind of lawyer do I need to sue a tow company?
For an injury, a personal injury lawyer who handles commercial vehicle claims. The case turns on negligence, insurance and, often, equipment and cargo securement rules. Disputes over towing fees or a vehicle held in a lot are a different kind of matter.
What are tow truck accident settlements usually worth?
There is no usual figure. The value depends on your injuries and treatment, lost income, how clearly the towing company or another driver was at fault, your tort election, and the insurance available. Anyone quoting a number without those facts is guessing.
Can I afford a lawyer for a tow truck crash?
Yes. There is no attorney fee unless we recover, and the firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing.
Is it worth bringing a claim after a crash with a tow truck?
If you were hurt and someone else was at fault, it is usually worth at least a free review. Commercial towing policies can cover injuries your own policy will not, and early action preserves evidence. A lawyer can tell you honestly whether the claim is worth pursuing.
My car fell off a flatbed and hit someone. Who pays?
Generally the towing company, since it was responsible for securing the vehicle it was carrying. The person who was hit would claim against the towing company and its insurer. If you own the car and were not operating the tow truck, you would not usually be the responsible party.
I was hit while standing by my disabled car. Do I have a claim?
Often, yes, against the driver who hit you. Pennsylvania requires drivers passing a disabled vehicle to move over when possible or slow down to at least 20 miles per hour below the limit. Your own first-party medical benefits also apply as a pedestrian in many cases.
Sources
- 49 CFR § 393.71 (coupling devices and towing methods, tow-bars and safety devices)
- 49 CFR § 393.128 (securement of automobiles, light trucks and vans)
- 49 CFR § 390.5 (definition of commercial motor vehicle)
- 49 CFR § 396.3 (inspection, repair and maintenance)
- 75 Pa.C.S. § 102 (definition of emergency service responder)
- 75 Pa.C.S. § 3327 (duty of driver in emergency response areas and near disabled vehicles)
- 42 Pa.C.S. § 5524 (two-year limitation)
- 42 Pa.C.S. § 5522 (six-month notice to government units)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.