Can You Get Compensation If You Get Hit By A Dallas Auto Pound Tow Truck?

If you’re in Dallas, you’ve probably seen lots of tow trucks heading toward a Dallas Police Auto Pound lot. The vehicles they’re towing have likely been damaged in an accident, abandoned, are evidence in a police investigation, or their owners arrested or in other legal trouble.

Like any other vehicle, tow trucks can cause accidents that injure other people. If you sustained injuries in a tow truck accident, you deserve compensation for your damages from the responsible party. When a government entity like the police department is involved, liability can become more complicated. Texas’s modified comparative negligence rule adds more complexity to your personal injury claim.

Fortunately, you don’t have to sort through these issues alone. Many people turn to a competent tow truck accident attorney for assistance. Fielding Law focuses on personal injury cases, so we know how these claims work.

Are Tow Trucks Commercial Vehicles?

Whether an individual, company or government agency owns a tow truck, it’s considered a commercial vehicle. Many times, an employee operates the tow truck instead of its owner. This can present complications and multiple parties that are potentially liable for paying your damages.

Who Might Be Liable?

With any commercial vehicle, one or more parties can be responsible for an accident, including:

• The driver
• The employer
• The tow truck’s owner or leasing company
• Maintenance companies that are responsible for keeping the vehicle in a safe running condition
• Those responsible for loading and securing cargo; in this case, the vehicle being towed
• Parts or truck manufacturers

One of the first things your tow truck accident lawyer will do is investigate the cause of your accident to determine who is responsible for causing the collision. This task is not easy to accomplish without in-depth knowledge of what to look for, but Fielding Law knows how to find out.

How Does Governmental Involvement Complicate Matters?

Any personal injury case involving the government is subject to strict regulations and timelines. You don’t have nearly as long to file a claim as you do in most other cases. Investigating and preparing your claim takes time and resources that you probably don’t have, and your filing must follow guidelines perfectly.

Suppose Dallas Auto Pound contracted with a third party to tow a vehicle and that tow truck injures you in an accident. In that case, you may be able to hold both parties — or even more — liable to pay compensation for your damages. Claims with multiple responsible parties can get very complex, and a government agency added to the mix adds even more complication.

Poorly maintained roads can cause accidents, and local, state, or federal governments are responsible for road maintenance. The same rules apply whether the road conditions or a government vehicle caused your accident, and liability can be challenging to prove.

You need to focus on your recovery instead of worrying about complying with complicated rules. Your attorney from Fielding Law can handle your claim for you.

What Kinds of Accidents Can Tow Trucks Cause?

Like most vehicles, tow trucks can sideswipe or rear-end cars and hit pedestrians or cyclists. However, tow trucks present a somewhat unique issue because the vehicles being towed can come loose from their restraints.

If that happens, the driver can lose control of the tow truck and wreck. Another possibility is that the vehicle being towed can hit another car or become an obstacle that another driver can’t avoid hitting.

In accidents like this, the person or company responsible for securing the vehicle, the driver, and many other parties might hold a percentage of the blame. Your attorney will help to determine that percentage because it affects the compensation you can receive.

What Is a Modified Comparative Fault?

Each state has laws governing personal injury lawsuits. In Texas, we use modified comparative fault with a 50% bar.

Many accidents have more than one person responsible for causing them. Each party is assigned a percentage of fault.

Say you’re 25% at fault and the damages in your accident total $100,000. The most you can obtain is $75,000. However, you can’t receive anything if you’re over 50% responsible.

Because of this rule, your attorney will work to prove your innocence and the other party’s responsibility.

What Does a Tow Truck Attorney Do?

When you hire Fielding Law, we do several things to assist you:

• Provide information and advice throughout the process
• Prepare and file paperwork related to your insurance claim and possible civil lawsuit
• Investigate the accident to find evidence and assign fault
• Speak to insurance company representatives on your behalf
• Negotiate with liable insurance companies to obtain a favorable settlement for you
• File a civil lawsuit and take your case to court if warranted

All of these tasks need to be completed correctly and within specific deadlines. If that doesn’t happen, you may lose the right to seek compensation. Most people, especially when they’re injured, don’t have the time or knowledge needed to get these things done. Fortunately, you can focus on recovering while Fielding Law handles these tasks.

What Kinds of Damages Are Available?

Your attorney can help you understand which categories of damages you’re eligible to receive. We can also assess your case and give you an idea of how much you might get.

Economic Damages

Your accident likely caused injuries and damage to your car. In addition, you probably can’t work during your recovery, meaning that you don’t have income. These expenses, coupled with a lack of income, can cause significant financial strain and stress.

Economic damages reimburse you for expenses directly related to your accident, including:

• Medical bills, including treatments, surgeries, medications, rehabilitation, and necessary medical equipment
• Lost wages
• Certain daily expenses, such as hiring a caregiver
• Property damage to your vehicle

Keep accurate records of any expenses related to your accident. Your attorney from Fielding Law will use them for your claim.

Non-Economic Damages

Accidents are often traumatic and can cause life-long conditions. You deserve compensation, but there aren’t specific bills attached to them. This category of damages compensates you for things like:

• Physical, emotional, and mental pain and suffering
• Permanent disfigurement or disability
• Losing your ability to enjoy life
• PTSD, anxiety, and depression
• Damage to personal relationships

Punitive Damages

Texas places a cap on the amount of punitive damages you can receive. Your case won’t qualify for you to seek these damages unless the accident was caused by willful negligence, malicious intent, or recklessness.

The purpose of punitive damages is to further punish the guilty party, not compensate the victim. Insurance policies may not cover punitive damages.

Why Should You Choose Fielding Law?

We understand that you have a choice when hiring an attorney to represent you in tow truck accident cases. Fielding Law’s focus is on auto accidents and personal injury claims. That means we’re intimately familiar with handling these cases successfully and obtaining maximum compensation for our clients.

Although Fielding Law is a large firm, we give personal attention to every client. You’ll be able to speak to a licensed lawyer at any time, and we take the time to familiarize ourselves with the details of every case we handle. Contact us 24/7 to request your free case evaluation. Best of all, you won’t pay us any fees unless you win. Call us at (877) 880-4090, submit our online request form, or get real-time assistance through live chat.