Houston Tow Truck Accident Lawyer
A tow truck crash can change your life in seconds. A wrecker may hit you in traffic. You may be struck while waiting beside a disabled car. A vehicle may also come loose from a flatbed. These cases are rarely as simple as an ordinary fender bender.
I am Greg Baumgartner. For more than 40 years, I have represented people and families after serious Houston truck accidents and commercial vehicle crashes. I investigate the driver and the towing company. I also examine the truck, its equipment, the insurance, and the crash scene. The goal is to protect important proof before it disappears.
If you were seriously injured or lost someone you love, call Baumgartner Law Firm at (281) 587-1111. You can also request a free, confidential consultation. You pay no attorney fee unless we recover money for you.
Quick Answer A Houston tow truck accident claim may involve the tow operator, towing company, truck owner, equipment manufacturer, maintenance contractor, property owner, or another driver. The right defendants depend on how the crash happened and what the records show. |
Why Choose Baumgartner Law Firm for a Tow Truck Accident Case?
I started Baumgartner Law Firm in 1985 to help injured people and families after serious accidents. My firm is not a high-volume case mill. We limit the cases we accept. This lets me stay directly involved and give each serious case the attention it deserves.
Clients choose our firm because we offer:
- More than 40 years of Houston personal injury experience
- Direct access to Greg Baumgartner
- Experience with truck, wrecker, and commercial vehicle evidence
- Fast action to preserve records, video, and electronic data
- A trial-ready approach to serious injury and wrongful death cases
- Personal service and clear communication
- Free consultations and no attorney fee unless we recover money
We have countless multi-million dollar truck accident results and will give you and your family the personal service you deserve.
Proven Commercial Vehicle Experience
Tow truck cases call for the same careful preparation used in major commercial vehicle cases. Our case results include the following recoveries:
Recovery | Case |
$5 million | Commercial vehicle spinal injury case after the defendants denied responsibility. |
$3.75 million | Commercial vehicle head injury case involving a high-speed rear-end crash on a Houston highway. |
$3.55 million | 18-wheeler wrongful death case in which the defense blamed the person who was killed. |
Past results do not guarantee a similar outcome. Every case depends on its facts, evidence, law, insurance, and damages.
Why Tow Truck and Wrecker Accident Cases Are Different
A tow truck is more than a large pickup. It is a commercial vehicle with special equipment. That equipment may include a winch, cables, chains, hooks, a hydraulic system, and warning lights. The truck may use a flatbed or wheel-lift. The driver may also be working only a few feet from fast traffic.
The most important evidence may be controlled by the towing company or its insurer. Dispatch records may show why the driver was sent to the scene. GPS data may show speed and location. Maintenance files may reveal a worn cable, bad brakes, or a hydraulic problem. Training records may show whether the operator knew how to secure a vehicle safely.
That is why a focused truck accident investigation should begin as soon as possible.
Houston Tow Truck and Wrecker Accident Cases We Handle
Tow truck crashes can happen in many ways. Our firm investigates serious cases involving:
- A tow truck hitting another vehicle in moving traffic
- A wrecker rear-ending stopped or slowing traffic
- Unsafe backing in a parking lot, apartment complex, storage yard, or crash scene
- A car, truck, or piece of equipment falling from a tow truck
- A loose chain, hook, cable, or tie-down striking another vehicle or person
- A winch, hydraulic bed, wheel-lift, brake, tire, or lighting failure
- A flatbed loading or unloading accident
- A tow truck making an unsafe lane change, turn, or U-turn
- A speeding wrecker rushing toward a crash or tow call
- A tow truck striking a pedestrian, cyclist, roadside worker, or disabled motorist
- Another driver hitting a tow operator or a person waiting for roadside help
- A fatal tow truck or roadside accident
A tow truck crash may involve issues seen in rear-end accident cases. The commercial records and special equipment still make the investigation different.
Texas Tow Truck Permits, Operator Licenses, and Insurance
Texas regulates towing companies, tow trucks, and tow operators through the Texas Department of Licensing and Regulation. TDLR states that a tow truck used for towing on public streets must have its own permit. The agency recognizes incident management, private property, and consent tow permits. You can review the official Texas tow truck permit requirements for more information.
The operator must also hold the license required for the work being performed. TDLR explains the differences among incident management, private property, and consent tow operator licenses. A license or permit problem does not automatically prove an injury claim. It may still be important when it relates to the cause of the crash.
Minimum Texas Tow Truck Insurance Requirements
TDLR currently lists the following minimum insurance requirements for licensed towing companies:
Permit Type | Liability Insurance | Cargo or On-Hook Insurance |
Incident management towing | $500,000 | $50,000 |
Private property towing | $300,000 | $50,000 |
Consent towing | $300,000 | Not required |
These are minimum amounts, not a promise that they are the only coverage available. A serious case may involve an umbrella or excess policy. Coverage may also come from a vehicle owner, maintenance contractor, or another business. See the official TDLR towing company insurance requirements for current details.
Houston Tow and Go and Police-Authorized Tows
Houston has a freeway roadside program called Tow and Go. It is designed to move stalled vehicles from participating freeways to a nearby safe location. Some crashes may also involve police-authorized towing, traffic incident management, or a wrecker sent through a dispatch system.
When those facts are present, the tow assignment and dispatch time may be useful. Other proof may include the wrecker slip, GPS history, police communications, body-camera video, and scene photographs. Records may also show who requested or approved the tow.
A private towing company does not automatically become part of the City. That remains true even when it was called to a police scene or worked through a city program. The contracts, ownership records, dispatch records, and facts of the job must be reviewed before deciding who may be responsible.
Common Causes of Houston Tow Truck Accidents
Most serious tow truck crashes are preventable. They often involve one or more of the following safety failures:
- Speeding or rushing to reach a tow call
- Distracted driving, including phone, dispatch, navigation, or app use
- Failure to keep a proper lookout
- Unsafe backing or poor use of a spotter
- Failure to secure the towed vehicle or equipment
- Loose chains, cables, hooks, straps, or tie-downs
- Brake, tire, steering, lighting, winch, or hydraulic failure
- Poor maintenance or missed inspections
- Fatigue during overnight or extended shifts
- Unsafe hiring, training, supervision, or company policies
- Another motorist speeding or failing to move over near the roadside scene
Our guide to the common causes of Houston truck accidents explains how driver mistakes may connect to company pressure. It also covers poor training and unsafe equipment. We also investigate distracted drivers and speeding drivers when another motorist caused the roadside crash.
Texas Move Over or Slow Down Law
Roadside tow work is dangerous. Tow operators, police officers, crash victims, and disabled motorists may be only inches from passing traffic. TxDOT explains the Texas Move Over or Slow Down law. A driver must move over one lane when approaching a tow truck with activated overhead lights on the roadside. When moving over is not safe or possible, the driver must slow to 20 miles per hour below the posted speed. On a road with a limit of 25 miles per hour or less, the driver must slow to 5 miles per hour.
This rule may matter when a driver hits someone near the tow truck. The victim may be a tow operator, disabled motorist, police officer, or crash victim. The warning lights and lane positions may be important. Traffic speed, sight distance, and space to move over may also affect fault.
Who May Be Responsible for a Tow Truck Accident?
The driver who made the final mistake may not be the only responsible party. Depending on the evidence, a claim may involve:
- The tow truck driver
- The towing company or driver’s employer
- The owner or lessor of the tow truck
- A repair or maintenance company
- The manufacturer or seller of defective towing equipment
- Another motorist who caused the roadside collision
- A property owner or business that created an unsafe parking-lot condition
- A governmental unit, but only when the facts and law support that claim
The towing company may be responsible for its driver while the driver is working. The company may also face a direct claim for its own conduct. Examples include unsafe hiring, poor training, weak supervision, bad maintenance, or a policy that rewards speed over safety. Our page on negligent hiring and retention in truck cases explains this issue. It also lists records that may show what the company knew about the driver.
Evidence That Can Prove a Tow Truck Accident Claim
Commercial records and video can disappear quickly. A towing company may overwrite GPS data, reuse dashcam storage, repair the truck, replace broken equipment, or lose dispatch information. A fast preservation request can make a major difference.
Important evidence may include:
- Police crash report, 911 recordings, and body-camera video
- Scene photographs, witness statements, and measurements
- Dashcam, traffic-camera, business, apartment, or doorbell video
- Tow assignment, dispatch records, call logs, and wrecker slips
- GPS, telematics, route, and speed data
- Tow truck permit and operator license records
- Driver application, training, discipline, and supervision files
- Maintenance, repair, and inspection records
- Winch, cable, chain, hook, strap, bed, lift, and hydraulic records
- Cell phone and app records when distraction is suspected
- Insurance policies, umbrella coverage, and contracts among the parties
The goal is not to collect paper for its own sake. It is to find the proof tied to the cause of the crash and the harm it caused.
Where Tow Truck Accidents Happen in Houston
Tow truck accidents happen throughout Houston, but freeway shoulders and feeder roads create special risks. We investigate crashes on I-45, I-10, I-69 and US 59, Loop 610, Beltway 8, and Highway 290. Cases also arise on the Hardy Toll Road, SH 249, FM 1960, and Westheimer. Other crashes happen near shopping centers, apartments, storage yards, and work zones.
The location can lead us to useful evidence. A freeway crash may involve TxDOT cameras, toll records, police video, or roadside dispatch data. A parking-lot crash may have business cameras, apartment video, employees, residents, or property records. We look for those sources before the footage is erased or the witnesses move on.
Injuries and Compensation After a Tow Truck Crash
Tow truck crashes can cause severe injuries because these vehicles are large, heavy, and often involved in high risk roadside work. Victims may suffer back and neck injuries, broken bones, internal injuries, burns, deep cuts, emotional trauma, serious spine injuries after a truck crash, or brain injuries from commercial vehicle crashes.
Depending on the case, damages may include:
- Past and future medical bills
- Lost income
- Loss of earning ability
- Pain and suffering
- Mental anguish
- Physical impairment
- Scarring or disfigurement
- Property damage
If a tow truck crash causes a death, the family may have a fatal tow truck accident claim. In my experience, the biggest loss in a wrongful death case is often the emotional and relationship loss suffered by the family. Money cannot replace a person, but a legal claim can hold the wrongdoer accountable and help protect the family’s future.
What To Do After a Houston Tow Truck Accident?
After a tow truck accident, your first priority is safety and medical care. When you are able, these steps can help protect your health and your claim:
- Call 911 and report the crash.
- Get medical care, even if symptoms seem minor at first.
- Take photos of the vehicles, tow equipment, roadway, warning lights, damage, and injuries.
- Get names and phone numbers for witnesses.
- Do not give a recorded statement to the other insurance company before getting legal advice.
- Save every medical bill, repair record, photo, text message, and insurance letter.
- Talk with a Houston tow truck accident lawyer before accepting a settlement.
For more general guidance, see our checklist on what to do after a Houston crash. Tow truck cases may require extra steps because commercial records and roadside evidence can disappear quickly.
Deadlines Can Be Shorter Than You Expect
Under Texas Civil Practice and Remedies Code Section 16.003, most personal injury lawsuits must be filed within two years. Waiting that long to investigate is risky because video, electronic data, equipment, and witness memories may be lost much sooner.
A possible claim against a governmental unit may have a much shorter notice deadline. Texas Civil Practice and Remedies Code Section 101.101 generally gives a governmental unit notice rights within six months. The City of Houston’s official claim page states that its charter requires verified written notice within 90 days for certain claims against the City.
Those rules do not apply to every Tow and Go or police-authorized tow. Many wreckers are private businesses. The ownership and employment relationship must be reviewed. The contract and reason for the tow also matter. No one should assume that the City is responsible. The practical point is simple. Get legal advice early when a city vehicle, city employee, or possible government claim may be involved.
Talk to a Houston Tow Truck Accident Lawyer
If you were hurt in a tow truck accident in Houston, you do not have to sort out the insurance issues, company records, and legal rules alone. We can review what happened, explain your options, and help you decide the next step.
Call Baumgartner Law Firm at (281) 587-1111 or request a free consultation online. There is no fee unless we win your case.
Tow Truck Accident FAQ’s
Is a wrecker the same as a tow truck?
Yes. In Houston and across Texas, people often use “wrecker” and “tow truck” to mean the same type of vehicle. The exact equipment may differ, such as a flatbed, wheel-lift, or heavy-duty recovery truck.
Who can be liable for a Houston tow truck accident?
The tow operator, towing company, truck owner, maintenance contractor, equipment manufacturer, another motorist, or property owner may be liable. The right answer depends on what caused the crash and who controlled the driver, truck, equipment, and location.
Does a tow truck need a permit in Texas?
Yes. TDLR states that tow trucks used on public streets must have a permit. Each truck needs its own permit. The permit may be for incident management, private property, or consent towing.
Does a Texas tow truck driver need a special license?
Yes. A tow operator must hold the license required for the towing work being performed. License and training records may matter when they relate to the safety failure that caused the accident.
How much insurance must a Texas tow truck carry?
TDLR currently lists minimum liability coverage of $500,000 for incident management towing and $300,000 for private property or consent towing. Incident management and private property towing also require $50,000 in cargo or on-hook coverage. Other insurance may be available.
Can I sue if a vehicle falls off a tow truck?
You may have a claim if poor securement caused the load to come loose. Unsafe equipment, bad maintenance, or careless driving may also support a claim. The tie-downs, chains, hooks, winch, bed, maintenance records, and driver training should be inspected quickly.
What if I was hit while waiting for a tow truck?
You may have a claim against the driver who hit you. Depending on where the tow truck stopped, the lighting, traffic control, and other facts, additional parties may also be involved. Roadside video and witness information should be preserved right away.
Can the towing company be responsible for its driver?
Yes. A towing company may be responsible for a driver who causes a crash while working. It may also be directly liable for unsafe hiring, poor training, weak supervision, bad maintenance, or dangerous company policies.
What evidence should be saved after a wrecker accident?
Important evidence may include dispatch records, GPS data, and dashcam video. Permit, license, maintenance, equipment, and insurance records may also help. Other proof may come from scene photos, witnesses, body-camera footage, and nearby cameras.
How long do I have to file a tow truck accident lawsuit in Texas?
Most Texas personal injury lawsuits have a two-year filing deadline. A possible government claim may have a shorter notice rule. Evidence can disappear long before the legal deadline, so it is safer to begin the investigation early.
How much is a Houston tow truck accident case worth?
The value depends on the injuries, medical care, and future treatment. Lost income, disability, pain, insurance, fault, and the strength of the proof also matter. A serious claim should not be valued until the medical and liability facts are understood.
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About Our Law Firm in Houston
Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
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