San Jose Tow Truck Accident Lawyer

Hit by a Tow Truck or the Car It Was Hauling? We'll Sort Out Who Pays.

Tow trucks are hard to handle even with a careful driver, and a reckless one, a badly secured car, or failed towing equipment can turn them into a hazard. Our San Jose attorneys find every responsible party and pursue full compensation.

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A Tow Truck Crash Has More Moving Parts Than You'd Think

A tow truck is really two vehicles in one: the truck, and whatever it’s hauling. That makes it difficult to maneuver, and it creates ways to crash that ordinary vehicles don’t have. A towed car can shift, swing, or come loose. A towing mechanism can fail. And a driver in a hurry to the next call can take risks a heavy vehicle can’t afford.

It also means more than one party may be responsible for your injuries. You may have a tow truck accident claim if:

A tow truck hit your vehicle, or hit you as a pedestrian or cyclist
A towed vehicle shifted, swung out, or broke loose and struck you
The tow truck lost control because of a mechanical or equipment failure
You were injured, and the crash happened within roughly the last two years

Securing a fair settlement against a towing company and its insurer is difficult on your own. We make it our job.

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What to Do After a Tow Truck Accident in San Jose

Call 911 and get checked by a doctor.
A police report and prompt medical care are the foundation of your claim.
Photograph the towed vehicle too.
How it sat on the truck, its straps or chains, and where it ended up can show whether it was improperly loaded.
Get the towing company's name.
It’s usually painted on the truck, along with a phone number and truck number. The company may share liability for its driver.
Note whether the driver was on a job.
A tow truck hauling a car or heading to a call is a strong sign the driver was working at the time.
Collect witness contacts.
Other drivers, and anyone who saw the towed vehicle move or come loose, can be critical.
Let a lawyer deal with the towing company's insurer.
Don’t give statements or accept a quick offer before we’ve reviewed your case.

Who Pays After a Tow Truck Accident?

The tow truck driver

A driver who sped, tailgated, drove recklessly, or drove impaired is responsible for the crash that followed.

The towing company

When a driver was working at the time of the crash, acting within the scope of their employment, their employer can be held liable for their negligence.

The manufacturer

When a defective towing mechanism, brakes, or other part failed, including when a towed vehicle slid off the truck, the company that made the part may be responsible.

Your full losses

Medical bills, lost income, vehicle repair, and pain and suffering, recovered from every party whose negligence contributed.

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How We Investigate a Tow Truck Crash

Tow truck crashes come down to three questions, and we investigate each one:

How was the truck driven? We look for speeding, following too closely, reckless driving, or driving under the influence of drugs or alcohol, using the police report, witness accounts, and any video of the crash.

How was the vehicle loaded? An improperly loaded car can shift during the ride and cause the tow truck to lose control. We examine how the vehicle was secured and what happened to it in the crash.

Did the equipment fail? A damaged or defective towing mechanism, failed brakes, or a drive-train problem can cause a wreck. We look at the truck’s condition and maintenance and, when a part failed, whether it was defective from the start.

The answers tell us who to hold responsible: the driver, the towing company, a manufacturer, or several of them at once.

California Law for Tow Truck Accidents

You must prove negligence

Before you can recover, you have to establish who was at fault. That may be one party or several.

Employers answer for working drivers

A towing company can be held liable for a crash its driver caused while acting within the scope of employment.

Partly at fault? You can still recover

Under California’s pure comparative negligence rule, your compensation is reduced by any share of fault assigned to you, never eliminated.

Two years to file

You generally have two years from the date of injury to file a lawsuit, and only six months for a claim involving a government vehicle.

What Our Clients Say

Jimin and her staff tirelessly worked for my case and kept me updated constantly whenever something happened or when there was any development. She is very knowledgeable and I'm grateful…

Albert Veist

Jimin from the start was very professional and accommodating. She came out to east bay to meet with me. We met once, she ask for the background of the incident…

Ethan Vu

From start to finish Jimin has been on my case and very informative about where they are in the process of things... every time it seems like I thought about…

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Tow Truck Accident FAQs

Who is responsible for a tow truck accident?

It depends on the cause. The tow truck driver, the towing company, and a vehicle or parts manufacturer can each be responsible, and more than one may share the blame.

Can I sue the towing company, not just the driver?

Often, yes. If the driver was working at the time of the crash, acting within the scope of employment, the towing company can be held liable for the driver’s negligence.

What if the car being towed hit me?

You may have a claim. A towed vehicle that shifts or comes loose often points to improper loading or a failed towing mechanism, which can make the driver, the towing company, or a manufacturer responsible.

What if the tow truck's brakes or equipment failed?

A mechanical or equipment failure doesn’t let everyone off the hook. Poor maintenance can make the towing company liable, and a defective part can make the manufacturer liable.

Will my case have to go to court?

Most cases settle. We aim for a fair settlement without going to court, but we prepare every case as if it might, and we’re ready to file a lawsuit if the insurer won’t pay fairly.

How long do I have to file a claim?

Generally two years from the date of the crash in California, and only six months when a government vehicle is involved.

What does hiring you cost?

Nothing upfront. We work on contingency; you pay a fee only if we recover for you.

Get Your Free, Confidential Case Review, 24/7

The towing company has an insurer protecting it. You deserve someone protecting you. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.

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Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126