Illinois Tow Truck Accident Lawyers

Renowned Injury Attorneys for Crashes with Tow Trucks

Tow trucks perform an essential service on Illinois roads. When a vehicle breaks down, is involved in a crash, or needs to be removed from a roadway, tow truck operators are often the first people to arrive. Their work can prevent additional collisions and help stranded motorists get safely off busy highways.

But tow truck operations can also create serious risks. A tow truck may be stopped on the shoulder of an interstate while its operator works just feet from high-speed traffic. A tow truck can be involved in a collision while traveling to or from a service call. Improper towing equipment, inadequate warnings, negligent driving, or unsafe loading procedures can cause devastating truck crashes.

The danger is particularly serious because tow truck operators often work in an environment where vehicles are traveling at highway speeds with little separation between the worker and moving traffic. The AAA Foundation for Traffic Safety has identified roadside assistance providers, including tow truck drivers, as a particularly vulnerable group of roadside workers. Its research found that roadside workers are struck and killed in crashes at a rate substantially higher than previously reported. Speeding, impairment, and driver distraction were identified as likely contributing factors in many of these crashes.

“Tow truck operators perform dangerous work on our roads, often only feet away from high-speed traffic. When a driver or company fails to take reasonable safety precautions, the consequences can be devastating. Our job is to determine what caused the crash and pursue full compensation for the person who was injured.” — John J. Malm, Naperville truck accident lawyer

How Common Are Tow Truck and Roadside Worker Accidents?

There is no single statewide Illinois database category that captures every collision involving a tow truck. Tow trucks can be classified differently depending on whether they are operating as commercial vehicles, roadside service vehicles, or emergency vehicles.

The occupational risks faced by tow truck operators are also well documented. The U.S. Bureau of Labor Statistics has found that transportation incidents are a leading source of fatal occupational injuries among truck drivers. In 2018, 716 truck drivers suffered fatal occupational injuries from transportation incidents, including 620 roadway incidents involving motor vehicles.

Roadside workers face an additional hazard: they are often standing outside their vehicles while traffic continues moving at highway speeds. The risks include:

• Drivers failing to move over or slow down
• Distracted driving
• Speeding
• Impaired driving
• Poor visibility
• Rear-end collisions
• Vehicles drifting onto the shoulder
• Unsafe towing operations
• Improperly secured vehicles
• Equipment failures
• Inadequate warning devices
• Negligent tow truck operation

Why Tow Truck Operators Face Unique Dangers

A tow truck driver does not simply sit behind the wheel during a service call. The operator may need to exit the truck, walk around a disabled vehicle, attach chains or cables, connect a wheel lift, inspect equipment, direct traffic, or enter the roadway. That places the operator in an unusually dangerous position. A vehicle traveling at highway speed can reach the roadside before a tow operator has enough time to react. Even a small deviation from the travel lane can produce catastrophic consequences.

OSHA records illustrate the danger. In one documented incident, a tow truck employee was struck and killed by a tractor-trailer while working roadside in September 2024. In another case, a tow truck employee working on a disabled vehicle was struck by an oncoming SUV and killed despite the tow truck’s warning lights being activated. These incidents demonstrate an important point: roadside safety measures cannot eliminate the danger created by negligent passing motorists.

Illinois’ Move Over Law

Illinois has enacted specific protections for people working around emergency scenes and roadside vehicles.

The Illinois Move Over Law, commonly known as Scott’s Law, requires drivers approaching certain stationary emergency vehicles displaying authorized flashing lights to move over and slow down when appropriate. Illinois State Police specifically identifies tow trucks among the vehicles covered by the law.

Illinois law has also been strengthened in recent years. Under the current statutory framework, drivers approaching a stationary authorized emergency vehicle or emergency scene must comply with specified move-over and slowing requirements.  Violating Illinois’ Move Over Law can have serious consequences. According to Illinois State Police, penalties can include:

• A fine of $250 to $10,000 for a first violation
• Higher fines for subsequent violations
• A Class A misdemeanor when the violation causes damage to another vehicle
• A Class 4 felony when the violation causes injury or death
• Driver’s license suspension in qualifying cases

A traffic citation is not automatically proof of civil liability, but evidence that a driver violated a safety statute can be highly relevant when investigating a personal injury claim.

Common Causes of Illinois Tow Truck Accidents

Drivers Who Fail to Move Over

One of the most dangerous situations occurs when a tow truck is stopped on the shoulder and another driver continues past it without changing lanes or sufficiently reducing speed. The problem can become particularly severe on interstates such as I-88, I-90, I-94, I-55, I-57, I-80, and I-294, where traffic may be traveling at 55 to 70 miles per hour or faster.

A driver who looks away for only a few seconds can unintentionally drift toward the shoulder. A tow truck operator standing beside a disabled vehicle may have nowhere to escape.

Distracted Driving

Cellphones, navigation systems, infotainment systems, passengers, food, and other distractions can divert a driver’s attention from the roadway. A distracted driver may fail to see flashing lights or warning signs until it is too late.

Speeding

Speed dramatically affects stopping distance and crash severity. A driver traveling too fast may not have enough time to recognize a tow truck, move into another lane, and safely pass the roadside scene. Speed also increases the force of impact when a collision occurs.

Impaired Driving

Alcohol and drugs can impair reaction time, judgment, lane control, and attention. A driver who is intoxicated may be especially unlikely to recognize a tow truck operator or respond appropriately to warning lights.

Negligent Tow Truck Operation

Not every tow truck accident is caused by the driver of the passing vehicle. Tow companies and tow truck operators can also potentially be negligent. Examples may include:

• Driving too fast for conditions
• Following another vehicle too closely
• Unsafe lane changes
• Improper backing
• Failure to use required warning equipment
• Improperly securing a vehicle
• Using defective towing equipment
• Inadequate inspection or maintenance
• Unsafe positioning on the roadway
• Failure to follow applicable safety procedures

Determining liability requires a careful examination of the circumstances surrounding the collision.

Tow Truck Equipment Failures Can Cause Serious Crashes

Tow trucks rely on specialized equipment, including winches, chains, straps, wheel lifts, booms, and other components. If equipment fails, the consequences can be severe. A vehicle being towed may become detached and collide with another vehicle. A chain or cable could fail. A disabled vehicle may shift unexpectedly. Improper loading can alter the towing vehicle’s stability.

Potentially responsible parties may include:

• The tow truck operator
• The towing company
• A vehicle owner
• A maintenance company
• An equipment manufacturer
• A parts manufacturer
• A company responsible for inspecting or servicing the equipment

Illinois regulations address towing practices and the circumstances under which vehicles may be towed. An investigation may therefore need to examine both the driver’s conduct and the mechanical condition of the tow truck and towing equipment.

Injuries Caused by Tow Truck Accidents

Because tow truck accidents can involve large vehicles, highway speeds, and pedestrians working near traffic, injuries can be catastrophic. Common injuries include:

• Traumatic brain injuries
• Concussions
• Spinal cord injuries
• Broken bones
• Crush injuries
• Internal bleeding
• Organ damage
• Amputations
• Severe lacerations
• Nerve damage
• Shoulder injuries
• Back and neck injuries
• Knee and leg injuries
• Psychological trauma
• Permanent disability

A person struck by a vehicle while standing outside a tow truck has considerably less physical protection than someone seated inside a passenger vehicle. In severe cases, the victim may require emergency surgery, hospitalization, rehabilitation, occupational therapy, or long-term care.

Who Can Be Held Liable for an Illinois Tow Truck Accident?

Liability depends on how the accident happened. Several parties may potentially bear responsibility.

The Passing Driver

A motorist who crashes into a tow truck or tow operator may be liable if the driver’s negligence caused the collision. Evidence can include cellphone records, dashcam footage, vehicle data, eyewitness testimony, photographs, and the police report.

The Tow Truck Driver

A tow operator may potentially be liable when negligent driving or unsafe towing practices cause a crash.

The Towing Company

A towing company may be responsible under principles of employer liability or for its own negligence, depending on the facts. Issues may include hiring, training, supervision, maintenance, scheduling, safety policies, and equipment inspection.

A Manufacturer or Maintenance Provider

If defective equipment contributed to the crash, a manufacturer, distributor, or maintenance provider may potentially be responsible.

Another Negligent Driver

Tow truck accidents frequently occur at already dangerous accident scenes. A second negligent motorist may cause a chain reaction involving the tow truck, disabled vehicle, and other motorists.

Identifying every potentially responsible party can be critical to maximizing recovery.

What Compensation May Be Available After a Tow Truck Accident?

A person injured in a tow truck accident may be entitled to compensation for damages caused by another party’s negligence. Depending on the facts, damages may include:

• Medical expenses
• Future medical treatment
• Lost wages
• Loss of future earning capacity
• Physical pain and suffering
• Emotional distress
• Disability
• Disfigurement
• Rehabilitation expenses
• Loss of normal life
• Wrongful death damages for surviving family members

Serious injuries may require years of treatment. A settlement evaluation should therefore account for both current losses and reasonably anticipated future damages.

Evidence Is Critical in Tow Truck Accident Cases

Tow truck accidents can be difficult to reconstruct because vehicles may be moved after the collision and the roadway may quickly return to normal. Important evidence may include:

• Police reports
• Accident-scene photographs
• Dashcam footage
• Surveillance video
• Tow truck GPS data
• Electronic vehicle data
• Cellphone records
• Driver logs and records
• Tow company dispatch records
• Maintenance records
• Inspection records
• Towing invoices
• Witness statements
• Medical records
• Employment records
• Photographs of injuries
• Photographs of roadway conditions
• Evidence concerning warning lights and safety equipment

In serious cases, accident reconstruction experts may be needed to determine vehicle speeds, trajectories, stopping distances, visibility, and the sequence of impacts.

Frequently Asked Questions About Illinois Tow Truck Accidents

Are tow trucks considered emergency vehicles in Illinois?

Certain tow trucks may qualify for treatment under Illinois’ Move Over Law when displaying authorized warning lights. Illinois State Police specifically lists tow trucks among vehicles covered by the state’s roadside safety requirements.

Can I sue if a driver hits a tow truck?

Potentially. If another driver’s negligence caused the collision, the tow truck operator, company, or another injured person may have a personal injury claim. Liability depends on the facts and available evidence.

What if the tow truck driver caused the accident?

An injured person may potentially have a claim against the tow truck driver and/or towing company if negligent conduct caused the collision. The investigation should examine the driver’s conduct, the company’s policies, the truck’s condition, and the circumstances of the towing operation.

Can a tow truck company be liable for an employee’s negligence?

Potentially. Depending on the circumstances, an employer can be legally responsible for an employee’s negligent conduct performed within the scope of employment. A company may also face claims based on its own negligent hiring, supervision, training, maintenance, or safety practices.

What if defective towing equipment caused the crash?

A defective winch, chain, cable, wheel lift, or other component could potentially create a product liability or negligence claim. Determining responsibility may require an examination of the equipment and maintenance records.

How much is an Illinois tow truck accident case worth?

There is no predetermined value. The potential recovery depends on the severity of the injuries, medical expenses, lost income, permanent impairment, pain and suffering, available insurance coverage, liability, and other factors.

How long do I have to file a personal injury lawsuit in Illinois?

Illinois generally has a two-year statute of limitations for personal injury claims, although exceptions and different deadlines can apply. Because the applicable deadline depends on the circumstances, injured people should consult an attorney promptly rather than relying on a general deadline.

Contact the Experienced Illinois Injury Attorneys at John J. Malm & Associates After an Illinois Tow Truck Accident

A tow truck accident can cause catastrophic injuries in a matter of seconds. Whether you were a tow truck operator working on the shoulder, a passenger in another vehicle, or a motorist involved in a collision with a tow truck, determining who is responsible may require a detailed investigation of the roadway, vehicles, drivers, towing company, equipment, and available insurance coverage.

At John J. Malm & Associates, our Illinois trucking injury attorneys investigate serious motor vehicle and truck accidents and work to hold negligent parties accountable. We understand that a serious crash can affect far more than your immediate medical bills. It can interfere with your ability to work, care for your family, and live your normal life.

If you or a loved one has been injured in an Illinois tow truck accident, contact John J. Malm & Associates for a free consultation. Do not leave the cause of your crash, or your right to compensation, to the insurance company’s investigation. Let our experienced personal injury attorneys investigate what happened, protect your rights, and pursue the compensation you may deserve.