Tow trucks are an essential part of the urban traffic ecosystem in New Orleans, especially in a city known for tight streets, heavy tourism, and strict parking enforcement.
But when a tow truck is involved in an accident—whether it’s a collision with another vehicle or an incident during towing—it can raise complex legal questions.
If you’ve been involved in such an accident, a New Orleans tow truck lawyer can help you understand your rights and the necessary legal steps to secure fair compensation. Schedule a free consultation with a New Orleans truck accident lawyer from Cueria Law Firm today.
Why Tow Truck Accidents Are Legally Complex
Tow truck accidents often involve more parties and unique liability issues than standard vehicle collisions. Some of the complications our New Orleans personal injury lawyers are familiar with include:
- Multiple Parties: Liability may involve not just the driver but also the towing company, the vehicle owner, a municipal agency (in the case of city-authorized towing), or a third-party maintenance provider.
- Commercial Insurance Policies: Tow trucks operate under commercial vehicle insurance, which often has higher policy limits but also more aggressive legal defense teams.
- Improper Towing Practices: Accidents can occur during the act of towing—if a vehicle is not properly secured, for instance, it can roll off or cause damage en route.
- Government Contracts and Immunity: If the tow truck is operating on behalf of the city, sovereign immunity or special procedures may apply, further complicating claims.
Given these challenges, victims of tow truck-related incidents should consult with a qualified New Orleans tow truck accident attorney who has experience handling commercial and municipal claims.
Legal Steps to Take After a Tow Truck Accident in New Orleans
If you’re involved in a tow truck accident in New Orleans, you’ll need to navigate both Louisiana state law and New Orleans-specific procedures. Here’s a general guide:
1. Call 911 and File a Police Report
Louisiana law requires you to report any accident that results in injury, death, or property damage exceeding $500. In New Orleans, the New Orleans Police Department (NOPD) should respond.
A formal police report will serve as key evidence in any future legal action.
2. Seek Immediate Medical Attention
Even if injuries seem minor, documentation is critical. Medical records can support your claim and connect the injuries directly to the accident.
3. Gather Evidence at the Scene
Take photos of the vehicles involved, road conditions, license plates, company names on the tow truck, and any damage caused by improper towing. If there are witnesses, collect their contact information.
4. Report the Incident to Your Insurance
Louisiana is an “at-fault” state, meaning the party responsible for the accident is liable for damages. However, your own insurance may play a role if the tow truck driver is underinsured or flees the scene.
5. File a Claim With the Tow Truck Company
Obtain the company’s insurance information. This can sometimes be challenging, especially if the company is contracted by the city. A lawyer can help facilitate this request and file the claim appropriately.
6. Consult a New Orleans Tow Truck Accident Lawyer
Due to commercial insurance policies and possible government involvement, tow truck cases often require litigation or formal settlement negotiation. An experienced lawyer can assist in:
- Determining fault and liability
- Handling insurance adjusters
- Calculating damages (medical bills, lost wages, pain and suffering)
- Filing a lawsuit, if necessary
What Damages Can You Recover?
Victims of tow truck accidents in Louisiana may be entitled to compensation for:
- Medical expenses (past and future)
- Lost income
- Property damage
- Pain and suffering
- Emotional distress
- In some cases, punitive damages
If a government entity is involved, there may be a shorter statute of limitations and damage caps. In Louisiana, the general statute of limitations for personal injury claims is two years from the date of the accident, so swift action is crucial.
Final Thoughts
Tow truck accidents are anything but routine. Whether you were struck by a negligent driver, had your car damaged during an illegal tow, or were injured while retrieving your vehicle, you need legal representation that understands the nuances of Louisiana tort law and New Orleans municipal practices.
Don’t go it alone. A New Orleans tow truck attorney from Cueria Law Firm can help you navigate the legal system, negotiate with insurance companies, and ensure that your rights are protected every step of the way.
Our staff of experienced accident lawyers will guide you and hear out your case. The sooner you seek help, the sooner we can get to work getting you the help you need and the outcome you deserve.
