Accidents involving tow trucks in Chicago can lead to serious injuries, vehicle damage, and complex legal matters. Towing companies often become involved after such accidents, raising potential legal implications, especially concerning rogue towing companies that exploit victims. Given the size and weight of tow trucks, they can cause significant harm when involved in collisions with cars or other vehicles. If you’ve experienced a tow truck accident in Chicago, understanding the steps to take afterward can protect your health, rights, and financial stability.
In this blog, we’ll guide you through what to do if you are involved in a tow truck accident in Chicago, Illinois, and why working with an attorney might help you recover compensation for medical bills, lost income, and other damages.
Assessing the Tow Truck Accident Scene
After a tow truck accident, your safety and well-being are the top priorities. If you can, immediately check for injuries and ensure everyone in the accident is safe. If anyone has been seriously injured, call 911 for medical assistance.
Next, report the accident to the Chicago Police. Even if the accident seems minor, it’s important to file a police report. The police will document the scene, interview witnesses, and gather information that may become critical in any future legal action.
While waiting for the police, exchange contact information with the tow truck driver and any other drivers involved in the accident. Be sure to collect their driver’s license, insurance details, and vehicle registration. Also, gather contact information from witnesses who may have seen the crash. This evidence could be helpful in the process of proving liability.
Documenting the Tow Truck Accident
Taking pictures of the accident scene can provide important evidence when filing a claim or lawsuit. Photograph the damage to your car, the tow truck, and any other vehicles involved. Capture images of your injuries and the general layout of the accident scene, including skid marks, road signs, traffic lights, and any obstructions.
Additionally, note the company name on the tow truck and whether the tow truck driver was following local traffic laws at the time of the accident. Chicago streets are often busy, and speeding or operating a tow truck negligently can make the company liable for the crash.
Seeking Medical Attention for Injuries
Even if you feel fine immediately after the accident, it’s critical to seek medical attention. Tow trucks, due to their size, can cause injuries that may not be immediately apparent. Some injuries, such as whiplash, internal bleeding, or concussions, may take hours or days to manifest.
Medical records serve as valuable evidence if you decide to pursue compensation for medical bills and other damages related to the accident. Without documented injuries, an insurance company may attempt to downplay or deny your claim, leaving you responsible for paying medical expenses out of pocket.
Reporting the Tow Truck Accident to Insurance Companies
Once you have addressed immediate safety and health concerns, notify your insurance company about the tow truck car accident. Provide them with all relevant details, including the police report number, the tow truck’s information, and the contact details of the truck driver and witnesses.
It’s essential to be cautious when speaking with any insurance company, especially the one representing the tow truck’s owner. Tow trucks are often owned by businesses that have specific insurance coverage for accidents. An insurance adjuster might try to minimize the compensation you are entitled to or deny liability altogether. Before giving any recorded statements, consult with an attorney to protect your rights and ensure that your statements won’t be used against you in settlement negotiations or litigation.
Liability in a Tow Truck Accident
Liability in a car and tow truck accident can be complicated. Depending on the facts of the accident, the tow truck driver, the tow truck company, or even a third party may be responsible for the crash. Common causes of accidents involving tow trucks include:
- The tow truck driver speeding or operating the truck recklessly
- Failing to follow traffic laws
- Overloaded or improperly secured vehicles being towed
- Mechanical failures or poor vehicle maintenance
Towing companies can also be involved in legal issues, especially when rogue towing companies exploit accident victims. These unlicensed operators pose significant dangers, highlighting the need for regulation to protect consumers from predatory practices.
In some cases, the company that owns the tow truck may also be held liable if they failed to properly maintain the truck or allowed an unqualified driver to operate the vehicle. If the accident was caused by a malfunctioning part or failed safety equipment, the plaintiff may have grounds to file a product liability claim against the truck manufacturer.
The Role of an Attorney in a Tow Truck Accident Claim
Hiring an attorney experienced in handling tow truck accidents can be beneficial for victims seeking compensation. An attorney can help investigate the accident, gather evidence, and deal with the insurance company on your behalf. This allows you to focus on recovering from your injuries while they manage the legal aspects of your case.
In Illinois, the law requires the injured plaintiff to prove that the truck driver or another party acted negligently and caused the accident. To do this, your attorney will examine:
- Police reports from the scene of the accident
- Medical records documenting your injuries
- Eyewitness testimonies
- Video surveillance, if available
- The truck’s maintenance and driving logs
They will also evaluate your financial losses, including medical bills, lost wages, property damage, and pain and suffering, to determine an appropriate settlement amount. If the insurance company’s offer is insufficient, your attorney may advise filing a lawsuit to seek fair compensation for the victims.
The Tow Truck Accident Settlement Process
After an accident involving a tow truck, it’s common for insurance companies to offer a settlement. However, these initial offers often fall short of covering the full extent of the plaintiff’s damages, particularly when serious injuries or long-term medical care are involved.
Before accepting any settlement, it’s important to evaluate the long-term effects of your injuries. In some cases, victims continue to experience pain and suffering or require ongoing medical treatment. If the insurance offer doesn’t account for future expenses, it could leave you financially strained in the long run. An attorney can help review the offer, negotiate on your behalf, and ensure that all relevant costs are included in the final settlement.
To Conclude
Being involved in a tow truck accident can be overwhelming, but taking the right steps after the accident can help protect your health and legal rights. From documenting the accident scene to seeking medical attention and contacting an attorney, these actions can significantly affect your ability to recover compensation for your injuries and other losses.
If you’ve been affected by a tow truck accident in Chicago, consulting with an attorney is a prudent choice. They can help guide you through the claims process and work to secure the compensation you need to cover medical bills, lost wages, and other damages.
Protect Your Rights After a Tow Truck Accident in Chicago
If you’ve been injured in a tow truck accident, JJ Legal is here to stand by your side. Our dedicated team is committed to helping you seek the compensation you deserve.
Contact us now for a free consultation and learn more about your legal options.
