Colorado Springs Tow Truck Accident Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- Who is liable: The towing company, usually, and sometimes whoever hired it.
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
Who is liable in a tow truck accident?
The towing company, usually, and sometimes whoever hired it.
Tow operators work in the most dangerous place on a road — a live shoulder, often at night — and the recurring failures are inadequate scene lighting and warning devices, an improperly secured vehicle on the bed, and operating overweight for the truck's rating. Where the tow was ordered by a police agency or a motor club, that relationship can bring another party in.
How long do I have to file this claim in Colorado?
Three years from the crash, because this is a tort action for bodily injury arising out of the use of a motor vehicle under C.R.S. 13-80-101(1)(n) — a year longer than Colorado's general tort deadline.
If a city, county, district or state vehicle or roadway is involved, a far shorter clock governs first: written notice within 182 days under C.R.S. 24-10-109(1), which that statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action".
Pursue Compensation After a Colorado Springs Tow Truck Accident
A tow truck is a large truck used to move vehicles from one place to another. Tow trucks haul vehicles to new locations, tow away vehicles that commit parking violations, transport broken down vehicles to the shop for repairs, and remove disabled vehicles after an accident.
Tow truck are big, bulky, and difficult to drive. When tow truck companies fail to hire experienced drivers with safe records, it will result in catastrophic accidents.
If you were harmed in an accident caused by a dangerous tow truck driver, contact a Colorado Springs truck accident attorney at The Bussey Law Firm, P.C. by calling (719) 475-2555 today. We’ll stand up to the big insurance companies and file a claim against anyone whose negligent behavior contributed to your injuries.
How Tow Truck Accidents Happen
There are three major types of tow trucks. Hook and chain tow trucks employ an effective but old-fashioned method of dragging the vehicle using a chain that attaches to the truck. Wheel-lift tow trucks lift the front end of the car and pull it along. Flatbed tow trucks have a trailer attached to a flatbed at the rear of the vehicle.
All three types of tow trucks must be secured properly to prevent vehicles from coming loose during transport. Wheel-lift and hook and chain tow trucks require the driver to remain especially alert to what’s going on behind them and make sure their brake lights are visible. And flatbed trucks have a high center of gravity that may cause rollover accidents.
Most tow truck crashes are caused by driver mistakes. A major concern is the driver’s ability to maneuver among traffic and first responders to safely get to the scene of an accident and pick up the disabled vehicle.
Tow truck companies must properly screen new employees to make sure they have the necessary experience and a clean driving record. It’s also essential to train new drivers how to properly operate the type of truck they’ll be using.
Inexperienced, incompetent, and poorly trained tow truck drivers cause accidents by engaging in these types of behavior:
- DUI
- Speeding
- Distracted driving
- Fatigued driving
- Driving too fast for weather conditions
- Tailgating
- Failure to secure vehicle
What to Do After a Tow Truck Collison
If you were harmed in an accident caused by a careless tow truck driver in Colorado Springs, here are steps you can take to protect your health and assist your personal injury lawyer when they file a claim on your behalf:
- Dial 911.
- Check to see if anyone in your vehicle needs assistance.
- Seek medical attention for your injuries.
- Attend all your medical appointments and follow your doctor’s instructions.
- If you feel up to it, use your cell phone to take photos of the accident scene.
- Collect contact information from witnesses and other drivers.
- Don’t talk about your case with friends or on social media.
- Don’t make any statements or sign any agreements with an insurance company agent.
- Don’t accept the first settlement offer you get.
- Contact an experienced Colorado personal injury attorney.
How Your Colorado Springs Tow Truck Accident Lawyer Can Help
Insurance companies do everything they can to save money. The insurance agent will probably try to deflect blame away from their client and they might even try to get you to say something that could harm your case.
If you take on the insurance companies by yourself, they’ll probably just make a lowball offer and expect you to take it. But our Colorado Springs injury attorneys at the Bussey Law Firm will investigate your accident and file a claim against anyone whose negligence contributed to your injuries.
If the insurance company refuses to make a reasonable offer, we’re always ready to take them to court. But they’re usually willing to offer a settlement that includes the types of expenses you’re facing after a tow truck collision, such as:
- Current and future medical costs
- Time missed from work
- Pain and suffering
- Rehabilitation
- Physical therapy
- Disfigurement
- Assisted living care
- Wheelchair accommodations for your home and vehicle
Common Injuries Caused by Tow Truck Collisions
Because tow trucks have so much mass and they’re not easy to handle, they create real hazards for motorists, pedestrians, bicycles, and motorcycle rides. Injuries resulting from these crashes are likely to cause severe injuries, including:
- Bone fractures
- Crush injuries
- Paralysis
- Scarring
- Internal organ damage
- Severe burns
- Loss of limb
- Traumatic brain injury (TBI)
Were You Injured by a Careless Driver?
Timothy R. Bussey, founder of The Bussey Law Firm, has been awarded the Martindale-Hubbell Silver Award and he has a perfect 10.0 rating from Avvo.
Call (719) 475-2555 and schedule a FREE consultation today. Remember: You won’t owe us anything unless we win your case.
What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
|---|---|
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
Rated 5.0 from 208 Google reviews — see the firm on Google Business Profile.