Tow truck responsibility??

[quazziemotto]

What is the name of your state? Minnesota

I was driving the other day and my daughter was following me in her car. We came up over a hill and noticed a tow truck on the left side of the road (with his lights on) and a car in the ditch on the right side. We slowed down (~10-15 mph) and as I was getting ready to drive through the two vehicles my wife noticed the tow-truck cable stretched across the road and attached to the car. I slammed on my brakes and came within inches of hitting the cable. The roads were icy/slippery and I realized that my daughter was not going to be able to stop. Her car ended up hitting the back of our truck and did a decent amount of damage to her car. We made sure everyone was ok and left the scene as we weren't sure if other cars would be coming over the hill and we didn't want them to hit us as well. The tow truck driver did not have any cones out, did not motion to us or even make any type of mention that there was a cable stretched across the road. I want to know if they are liable for the damages since they obviously were not following proper procedures. I know that insurance will say it's the driver's fault since you have to control your vehicle under all circumstances but in this case we feel the tow truck company should hold at least some liability because of the cable. I called the tow truck company and they said they aren't liable at all. I don't want to put it through to insurance as I don't want our rates to rise but feel that may be the only route so they can pursue action against the tow truck. Any advice is appreciated..

 

[seniorjudge]

quaz, how's the bell-ringing gig going?

Anyway, sue the bad people in court.

Sounds like they were creating an unreasonable and dangerous situation.

 

[ecmst12]

Your rates will not go up. Your daughter's rates will. This will almost certainly happen whether you intentionally report it to the insurance company or not. Although what the tow truck driver was doing was stupid and unsafe, he would only be liable if you had hit the cable. You did not, and the tow truck is not liable for your daughter following you too closely.

 

[quazziemotto]

Thanks for the feedback - I'm thinking of filing a small claims against the tow truck company because of the negligence in stretching the cable across the road without any warning (they had the lights on but that doesn't tell you anything except to use caution). If they were on the same side of the road as the car and I tried to sneak through that side it would be one thing but since they were on the other side and the car was in the opposite ditch I can't see where they claim they are not liable for causing the accident. I agree that if I hit the cable it would be a different situation regarding liability but I'm glad I didn't as I likely would've ended up in the ditch and I had 2 small kids in the truck.

 

[ecmst12]

The TOW TRUCK did not damage your car. Your daughter's car did. It does not matter WHY you slammed on your brakes - all that matters is she was required to leave enough space between you that she could stop if you DID slam on your brakes. Your sudden stop did NOT cause the accident - that is why the tow truck is not liable. Trying to sue them in small claims court would be a waste of time and money. A better idea would be a letter to the tow truck company complaining about their stupid and careless driver.

 

[smorr]

Okay - lets remember that the poster said the roads were ICY. I know someone who had the same issue happen to her (not with a tow truck but with hitting someone from behind) and the roads were icy - she did get cited - she did appeal to the Insurance Commissioner in her state AND she proved through evidence that she was unable to stop in time due to the road conditions. This win helped her remove any increase in insurance costs.

In this case, it seems like we have a tow truck driver that may not be following protocol. If he is required to do certain things when towing a car across a street - like putting up cones - and has not done so, then the company should share some fault. (Of course the towing company said they're not liable - they want you to prove it!!) Remember where this is happening - just over the crest of a hill on an icy road with what appears to be a young girl in the second car (yes, her rates will go up if she's insured individually - however, if she's on your insurance policy YOUR rates may go up because of her accident, as a surcharge).

Has anyone ever seen what happens when you hit a patch of ice while driving? There's no stopping that car until it hits warmer ground! My guess is some of these answers are from people living in warm climates. Would LOVE to see you guys drive on ice-slicked roads in Minnesota or New England. Actually, I take that back....I wouldn't want to be anywhere NEAR you when that happens.

What's going against the person in the first vehicle is that they did not see the tow line until it was too late, even though they claim they were going very slow. I'm not sure they'd win in court as to the tow company, but they may be able to erase any surcharge if they can prove their daughter was driving safely and the ice caused her car to continue on even though she had braked early enough. But an insurance commission may have to decide that. I'd get a climatology report of that day for proof of the icy roads. It may be your only defense against a surcharge.

 

[Zigner]

What a crock smorr is spewing...
If the road is icy, you are supposed to leave MORE room. Why? Because you might not be able to stop in time - DUH!

 

[ecmst12]

You give me the name, address, and phone number of the person you supposedly know who was found not at fault due to icy roads, and let me verify that story. My PMs are turned on. Otherwise I'm going to have to assume you're making it up because it's absolutely WRONG that road conditions can EVER be blamed for an accident. Drivers must maintain control of their cars and not go faster then is safe for current conditions, or follow closer then then can safely stop if needed. When the road is icy, you SLOW DOWN and allow EXTRA space in front of you. If you don't, and you hit something, you're at fault.

 

[Zigner]

You give me the name, address, and phone number of the person you supposedly know who was found not at fault due to icy roads, and let me verify that story. My PMs are turned on. Otherwise I'm going to have to assume you're making it up because it's absolutely WRONG that road conditions can EVER be blamed for an accident. Drivers must maintain control of their cars and not go faster then is safe for current conditions, or follow closer then then can safely stop if needed. When the road is icy, you SLOW DOWN and allow EXTRA space in front of you. If you don't, and you hit something, you're at fault.

Well, I'm from So. Cal. If the road buckles or the bridge collapses due to an earthquake, you might get away with it