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Tow Truck Accident Lawyer in Massachusetts
Tow trucks and improperly secured towed vehicles create distinctive road hazards. Attorney Jeffrey C. Lavey pursues every source of liability in Massachusetts tow truck accident cases. Free consultation. No fees unless we win.
Tow Truck Accidents on Massachusetts Roads
Tow trucks create distinctive accident hazards. They operate in hazardous conditions, often stopped partially in travel lanes at accident scenes or on roadsides, and they transport large, heavy vehicles that must be properly secured. When a tow truck driver operates negligently, or when a vehicle being towed breaks free due to improper securement, serious accidents and injuries result. Attorney Jeffrey C. Lavey represents tow truck accident victims throughout Massachusetts.
Towing Company Liability
The towing company that employs or contracts with the tow truck driver bears vicarious liability for that driver’s negligent operation during work hours. When the tow truck driver causes a collision through inattention, speeding, improper lane changes, or failure to yield, the company is responsible alongside the driver. Towing companies carry commercial liability insurance that reflects the size and weight of the vehicles they operate and the risks they pose.
Improper Vehicle Securement
One of the most distinctive hazards associated with tow trucks is the risk that the vehicle being towed may separate from the tow truck due to inadequate securement. A detached vehicle rolling into traffic can cause catastrophic accidents. Federal and Massachusetts regulations specify minimum securement standards for vehicles in tow. A tow truck operator who fails to comply with these securement requirements and whose improperly secured towed vehicle causes an accident is liable, along with the towing company, for the resulting injuries.
Roadside Scene Management
Tow trucks often work at the scene of existing accidents, requiring them to position safely in or near travel lanes while emergency responders and the accident scene itself create additional hazards. A tow truck driver who positions a vehicle or equipment in a way that creates additional traffic hazards, or whose work at the scene contributes to a secondary accident, creates additional liability. Attorney Lavey evaluates all aspects of scene management in tow truck accident cases.
Emergency Roadside Service Accidents
Tow truck accident liability extends to accidents that occur while a driver is rendering roadside assistance, not just during active towing. A service technician whose vehicle blocks traffic inadequately, who fails to use required warning devices, or who creates new hazards while working on a disabled vehicle is negligent. The company that dispatched the driver without ensuring proper training and equipment bears responsibility alongside the driver.
Frequently Asked Questions
A vehicle that detaches from a tow truck due to improper securement creates liability for the tow truck operator and the towing company. Proper securement under Massachusetts and federal regulations is the tow truck operator’s professional obligation. Attorney Lavey pursues both the driver and the company in every improper securement accident.
Your rights depend on why you were in the towed vehicle, some tow truck companies permit the vehicle owner to remain in the towed car during transport; others prohibit it. If the accident was caused by the tow truck driver’s negligence, your claim is against the driver and company. Attorney Lavey evaluates the specific circumstances of your situation.
Tow trucks are commercial vehicles required to carry commercial auto liability insurance with limits appropriate to their operations. Tow companies that transport vehicles on public roads are subject to Massachusetts commercial vehicle insurance requirements. These commercial policies have higher limits than personal auto insurance. Attorney Lavey identifies all applicable coverage in every tow truck accident case.
State and municipal tow truck programs may be subject to the Massachusetts Tort Claims Act, which requires written presentment of claims within a specific period before a lawsuit can be filed. Private tow companies are not subject to this limitation. Attorney Lavey identifies whether the tow truck was government-operated and applies the correct legal framework in every case.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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