When you hire a San Antonio tow truck accident lawyer at Trevino Injury Law, we identify the towing company and every insurance policy behind the truck, preserve the evidence, and pursue full compensation for your injuries.
Tow trucks work in some of the most dangerous places on the road: highway shoulders, active crash scenes and busy intersections. They also haul thousands of pounds of extra weight, and a poorly secured vehicle can break loose at highway speed.
Texas regulates tow trucks through permits and insurance requirements, and it protects stopped tow trucks with its Move Over or Slow Down law. Those rules help us show who acted carelessly, whether it was the tow operator, the towing company or another driver.
What Could Your Tow Truck Accident Case Be Worth?
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See What My Case Might Be WorthThe insurance company offered less than $20,000. I ended up with over $1 million. — Jackie Galindo
We secured a $17 million settlement in a head-on collision case involving three fatalities. Prior results do not guarantee a similar outcome. Dashcam video, dispatch records and the towing company’s insurance information can disappear quickly, so we act early to demand that the evidence be preserved.
At Trevino Injury Law, our San Antonio truck accident lawyers obtain the towing company’s permit, insurance and driver records, identify every responsible party, and prepare your claim for trial when the insurers dispute fault. Call 210-TREVINO for a free case review. You pay nothing unless we win. Se Habla Español.
Who Is Liable for a Tow Truck Accident in San Antonio?
Liability for a tow truck accident can fall on the tow truck driver, the towing company, a company that maintained the truck or its equipment, or another driver who caused the crash. Many towing companies dispatch drivers to crash scenes on contract with police agencies, property owners and motor clubs, so several parties may be involved.
- The tow truck driver: speeding to a scene, distracted driving, unsafe lane changes or failing to secure the towed vehicle.
- The towing company: negligent hiring, training or supervision, and poorly maintained trucks, chains, straps and winches.
- Other drivers: motorists who fail to move over or slow down for a stopped tow truck can cause secondary crashes.
- Equipment manufacturers and repair shops: when a failed hook, chain, wheel lift or brake caused the crash.
In Texas, an employer can be held responsible for an employee driver’s negligence when the driver was acting within the course and scope of the job, a rule the Texas Supreme Court applied in Painter v. Amerimex Drilling I, Ltd.. Whether a tow operator is an employee or an independent contractor can decide which policy pays. Learn more about how trucking company negligence is proven in Texas.
What Texas Laws Apply to Tow Trucks?
Texas regulates tow trucks through the Occupations Code and protects them at the roadside through the Transportation Code. These rules can help establish what a careful tow operator or driver should have done.
- Permits: a tow truck must have a permit before it can be used for towing in Texas (Tex. Occ. Code § 2308.101).
- Insurance: towing companies must carry liability insurance, and a consent tow permit requires at least $300,000 in liability coverage (§ 2308.105(b)(2)). The insurance must be kept in force and on file (§ 2308.110).
- Move Over or Slow Down: when a tow truck is stopped and using its lights, drivers must vacate the lane closest to it or slow to 20 miles per hour below the speed limit, or to 5 miles per hour when the limit is below 25 (Tex. Transp. Code § 545.157).
- Penalties: a Move Over violation carries a fine of $500 to $1,250, and it becomes a Class A misdemeanor if it causes bodily injury.
What Causes Tow Truck Accidents?
Tow truck accidents usually come from rushing to a scene, unsecured loads, extra weight that lengthens stopping distance, and dangerous roadside work zones. San Antonio tow trucks work crash scenes on I-35, I-10, US 281 and Loop 1604. See the most dangerous San Antonio highways for commercial truck crashes.
- Racing to the scene: drivers who compete for calls may speed and run lights.
- Unsecured vehicles: a car that breaks loose from a hook, wheel lift or flatbed can strike other vehicles.
- Overloading: towing a vehicle that is too heavy for the truck strains brakes and steering.
- Roadside work: operators loading a vehicle on a shoulder can be struck, or can pull into traffic without warning.
- Poor maintenance: worn chains, straps, lights and brakes increase the risk of a crash.
- Rollovers: a top-heavy load can tip the truck. Read more about truck rollover accident claims.
Commercial vehicle crashes are common in Bexar County. TxDOT recorded 2,684 crashes involving commercial motor vehicles in Bexar County in 2024, with 18 deaths and 46 suspected serious injuries.
What Injuries Do Tow Truck Accidents Cause?
Tow truck crashes often cause serious injuries because the truck and its load can weigh many times more than a passenger car. Common injuries include:
- Traumatic brain injuries. See commercial vehicle brain injury claims.
- Spinal cord and back injuries, including herniated discs.
- Broken bones and crush injuries.
- Injuries to stranded motorists and roadside workers struck at the scene.
- Wrongful death. See our San Antonio wrongful death lawyer page.
Medical bills can mount before fault is settled. Learn who pays medical bills after a truck accident in Texas.
What Evidence Proves a Tow Truck Accident Claim?
Tow truck claims are built on records the towing company controls, so they must be requested and preserved quickly. We typically pursue:
- The Texas Peace Officer’s Crash Report and any citations issued.
- The tow truck’s permit and the towing company’s insurance policies.
- Dispatch and call records showing where the driver was headed and how fast.
- Dashcam, body camera and nearby business video.
- Inspection and maintenance records for the truck, chains, straps and wheel lift.
- The driver’s licensing, training and work history.
- Photos of the scene, the towed vehicle and the securement equipment, plus witness statements.
Video and dispatch data can be overwritten. A spoliation letter puts the towing company on notice to preserve it.
Tow Truck Accidents: Quick Answers
How Long Do I Have to File a Tow Truck Accident Lawsuit in Texas?
Most Texas personal injury lawsuits must be filed within two years of the crash. If the tow truck was operated by a government entity, much shorter notice deadlines can apply, so speak with a lawyer as soon as possible.
What If My Own Car Was Being Towed When I Was Hurt?
You may still have a claim against the towing company if its driver or equipment caused the crash. The company’s commercial liability insurance is usually the first place to look.
What If I Hit a Tow Truck That Was Stopped on the Shoulder?
Fault depends on the facts. Texas uses a modified comparative fault rule, so you can recover only if you were 50 percent or less at fault, and your recovery is reduced by your share of fault.
Is a Tow Truck a Commercial Vehicle?
Yes. Tow trucks used in business are commercial vehicles, and many are subject to state permit and insurance rules. Compare how claims work in 18-wheeler accident cases and garbage truck accident claims.
Why Hire a San Antonio Tow Truck Accident Lawyer?
Towing companies and their insurers move quickly to limit what they pay. Trevino Injury Law secures the dispatch records, video and equipment evidence, identifies every insurance policy, and prepares every case for a Bexar County jury. We secured a $17 million settlement in a head-on collision case involving three fatalities. Prior results do not guarantee a similar outcome.
Don’t Guess About Your Rights. Get a Definite Answer
The insurance company is already evaluating your accident. Call 210-TREVINO Now to level the playing field, or contact Trevino Injury Law online. It’s confidential and you pay nothing unless we win.
Towing companies and their insurers often blame the injured driver or each other. Injured families across South Texas trust a firm that exposes the tactics adjusters use against injured Texans to find the truth and hold every responsible party accountable.
Call 210-TREVINO for a free, confidential consultation. Se Habla Español. You pay nothing unless we win.
