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Follow the link below for the best tips to prevent accidents of all kinds. If you have a specific question, or if you were injured in an accident, reach out to one of our attorneys today.
Tow Trucks are a savior for stranded vehicles on the road. However, with the substantial weight of a dragged vehicle, when these kinds of trucks meet an accident, it can wreak havoc.
If you or your loved one were injured in a tow truck accident in Orange County, you might be entitled compensation. However, being a commercial vehicle, this truck can involve multiple at-fault parties, all of which may have agreement with separate insurance companies. This is where an Orange County Tow Truck Accident Lawyer will step in for you.
At the Nordean Law, we understand the rules that govern the accidents involving commercial vehicles. So, you don’t need to worry about the intricacies. We can handle it all.
From driver’s error to fatigue, maintenance neglect to mechanical failure, there can be several reasons for a tow-truck accident.
Here’s a brief summary of the causes of tow truck accidents:
For a tow truck driver, the first priority has to be their job. Otherwise, roads will be blocked, and people will be stranded.
Though California Tow Truck Association has mentioned that Tow truck drivers will be allowed to use the 16-hour “on-duty” time non-consecutively. However, a work week for a tow truck driver can be anywhere from 40 to 100 hours due to short staffing.
Due to the highly demanding schedule, tow truck drivers are mostly short of rest, which ultimately affects their driving.
A commercial vehicle driver may rely on alcohol to deal with stress during work hours.
The consequence may, however, lead to slowed reaction times and impaired decision-making.
Being drunk can also cause blurred and altered vision, elevating the chances of accidents.
Anything that distracts the driver's job while on the move is a distraction.
Reaching for an object, changing clothes, flipping through a playlist and using tobacco are some distractions that increase the chances of an accident.
Tow trucks have to carry more equipment than passenger vehicles. So, they are more vulnerable to under-inflated tires, brake failure, or mechanical problems. The tow truck companies are responsible for maintaining and inspecting the vehicle regularly. An accident is more likely if it is not done on time.
Sometimes, tow truck drivers neglect to report minor mechanical issues when they first crop up. In some cases, drivers who own the tow truck put off repairs until they notice serious problems. Such inattention to the vehicle can cause major accidents.
For example, an under-inflated tire can cause a tire blowout accident when loaded with a heavy vehicle.
The blind spots for tow truck drivers can be uncertain and riskier because they often vary depending on the size of the vehicle being towed.
This is particularly difficult for a comparatively inexperienced driver. Though modern tow trucks come with external cameras, inexperienced drivers might find it difficult to judge distance from the camera. This can increase the risk of accidents.
A tow truck’s main responsibility is to haul vehicles from one place to another. They, thus, frequently have to carry vehicles of large size. Issues can occur when a driver uses improper tie-downs or exceeds the tow truck’s maximum hauling capacity. This may lead to a falling load, which would put the tow truck off-balance and raise the possibility of a rollover collision.
Tow trucks are tall vehicles, so one unmissable reason for the accident in a tow truck accident is the high center of gravity.
This makes the tow truck more likely to topple over, roll, and run off the road when making a sharp turn.
Accidents caused by tow trucks are often severe due to the additional weight of the towed vehicle. The towed car may wobble or come off the hook during the collision.
In such situations, the weight of the tow truck and the vehicle it is dragging slams to your vehicle or upon you.This collision results in serious injuries like lacerations, whiplash, nerve damage or crush injuries. In many cases, this deadly crash also takes away lives.
Several parties can be liable for an accident with a commercial tow truck. An experienced attorney can determine accountability with a thorough investigation.
For now, we have underlined 3 parties which commonly hold some liability in California Truck Accidents:
The driver will be held accountable if the collision results from driving while drunk or intoxicated with drugs. Besides, disobeying traffic laws and weight restrictions are some behaviors that constitute driver’s error.
The employers or trucking companies are often partially liable for damages when the accident involves their driver. This typically occurs if the accident happens due to an exhausted driver.
Furthermore, trucking companies are in charge of examining and maintaining their tow trucks. They are also responsible for providing proper training to their employees.
In case the trucking company ignores any of these aforementioned duties, it will be responsible for damages.
If a defect or design flaw in the tow truck causes a crash, the manufacturer has to be accountable for it.
Sam Nordean has made a commitment to helping victims get back what was taken away from them. He fights for people that are injured and can’t fight for themselves.
“Going to court or negotiating a settlement is not akin to my client winning a lottery ticket. It’s about balancing the scales; it’s what they’re owed.”
Sam Nordean
At Nordean Law, our commercial truck accident lawyers handle your case with dedication and compassion. Meanwhile, our passionate Orange County Truck Accident Lawyer vigorously work to find the evidence with support from our case management team.
Our aim is to take you to lawful compensation while reducing your burden of dealing with a personal injury.
Check out where Nordean Law can give a major helping hand to you:
The case investigation depends on the circumstances of the case. In this step, you should be transparent with the lawyer regarding the accident.
Based on our conversation with you, our truck accident lawyer in Orange County interviews witnesses, documents damages and identifies liable parties. At this step, we also analyze accident reports and medical reports and communicate with insurance.
To get the compensation, you must have strong evidence proving the fault and damages. Sounds overwhelming? Hang in there! You do not need to worry about proving your case. Our legal team does that for you.
Insurance companies handle injury cases regularly, so they can easily trick you into settling for less. We prepare a detailed, comprehensive settlement demand letter and package for the insurance company. Our lawyers specialized in commercial truck accidents understand every ploy of insurance companies and work diligently to settle your claim without filing a lawsuit.
After a Tow Truck Accident, you are entitled to compensation, which can cover a number of costs resulting from the accident.
You will get compensation for 2 types of damages:
1. Economic Damages: Emergency medical care, hospital bills, medications, physical therapy and long-term future medical care, lost wages, property damage, funeral cost in case of death of immediate family member
2. Non-economic damages: physical or emotional pain, loss of enjoyment of life, loss of companionship
You have the right to file a personal injury claim independently without an attorney's help. However, filing a claim on your own can cause complications in commercial tow truck accident cases.
Without a lawyer, you will have no idea about who will bear liability for the accident or what compensation you might deserve.
Depending on the case's complexity, settling a tow truck accident claim can take anywhere from several months to a few years. The complexity depends on the severity of the accident, involvement of multiple liabilities and extent of investigation.
The majority of tow truck accident cases settle out of court. Many people fear the legal system and don't like to be in court.
Even though the claim adjuster offers less compensation initially, your attorney will negotiate for fair compensation. Ultimately, the negotiation ends with a reasonable settlement amount.
If the case goes to court, it means that the insurance company for the at-fault is not offering fair compensation. In such cases, a judge will listen to your case, check your evidence and render a decision or verdict.
California personal injury law provides a 2-year window to file a lawsuit against the alleged driver, tow trucking company or the manufacturer. However, if the victim discovers the injury late, they get 1 year from the date of discovery.
If the plaintiff is minor during the accident, the statute of limitations will only start after they turn 18.
On the other hand, if you are filing a lawsuit against a government defendant, the timeline is only 6 months from the accident date to file the claim.
Immediate medical attention is essential so that you can recover quickly.
Delay in going to the hospital can harm your health. It can also create complications when it comes to proving your case. If you are not in the condition to do so, you can request someone else to do so.
Also, inform the police as soon as possible. This will help in determining the fault and claim process.
Make sure you take pictures and video of the accident site. If possible, talk to bystanders and witnesses and ask for contact information. Having a strong witness will ease your journey towards compensation.
Contact a personal injury lawyer as soon as possible, as the insurance companies may push you to handle the case without a lawyer. In such a case, the insurance adjuster intends to hand over less compensation to you.