If you’ve been injured in a tow truck accident in Brooklyn, I understand how overwhelming and frightening this moment must feel. The pain, the medical bills, and the uncertainty about what comes next can weigh heavily on you and your family. At Cellino Law, we’re here to lift that burden, fight for your rights, and help you get the compensation you deserve. As experienced personal injury attorneys, we’ve seen the devastation tow truck accidents can cause, and we’re committed to being your advocate every step of the way.
Why Brooklyn Matters for Tow Truck Accidents
Brooklyn, New York, is a vibrant borough with over 2.6 million residents packed into just 69.4 square miles, making it one of the most densely populated areas in the country. From the iconic Brooklyn Bridge to the bustling streets of Williamsburg and the cultural hub of DUMBO, our borough is a hive of activity. But with heavy traffic on roads like Atlantic Avenue, Flatbush Avenue, and the Brooklyn-Queens Expressway, tow trucks are a common sight, often rushing to clear stranded vehicles or respond to accidents. According to the New York Police Department’s crash data, Brooklyn accounted for 29% of NYC’s 228,047 traffic accidents in 2018, with hundreds involving large vehicles like tow trucks. These statistics highlight the heightened risk of accidents in our busy borough, especially when tow trucks are involved.
Common Damages From Tow Truck Accidents
Tow truck accidents can lead to severe injuries and significant losses due to the size, weight, and unique equipment of these vehicles. Common injuries we see at Cellino Law include:
- Traumatic Brain Injuries (TBI): From concussions to severe brain damage, these can result in long-term cognitive and physical impairments.
- Spinal Cord Injuries: These may cause partial or complete paralysis, drastically altering your quality of life.
- Broken Bones and Fractures: Often requiring surgery and extensive rehabilitation.
- Internal Injuries: Such as organ damage or internal bleeding, which can be life-threatening if not treated promptly.
- Psychological Trauma: Anxiety, PTSD, and depression are common after such traumatic events.
Beyond physical injuries, you may face property damage to your vehicle, lost wages from time off work, and emotional pain and suffering. These accidents can turn your life upside down, but we’re here to help you recover what you’ve lost.
Circumstances Leading To Tow Truck Accidents
Tow truck accidents in Brooklyn often occur under specific circumstances, many of which involve negligence. Some common scenarios we handle at Cellino Law include:
- Reckless or Distracted Driving: Tow truck drivers rushing to a job may speed, text, or ignore traffic signals, leading to collisions.
- Improperly Secured Vehicles: If a towed vehicle is not properly fastened, it can detach, causing accidents or rollovers.
- Mechanical Failures: Poorly maintained tow trucks with faulty brakes, tires, or hydraulic systems can malfunction, endangering everyone on the road.
- Blind Spot Collisions: Tow trucks have large blind spots, and drivers who fail to check them may sideswipe or crash into other vehicles.
- Roadside Hazards: Tow trucks often operate on the sides of busy roads, increasing the risk of rear-end or sideswipe accidents if drivers aren’t cautious.
No matter the circumstances, our team at Cellino Law will thoroughly investigate your accident, gathering evidence like black box data, dashcam footage, and witness statements to build a strong case. We’ll hold the responsible parties accountable, whether it’s the driver, the towing company, or even a third party like a maintenance provider.
When Can You Sue For A Tow Truck Accident?
You may have grounds to sue for a tow truck accident if someone else’s negligence caused your injuries or damages. Negligence occurs when a party fails to act with reasonable care, such as a tow truck driver speeding or a towing company neglecting vehicle maintenance. To pursue a lawsuit, you’ll need to prove:
- Duty of Care: The towing company or driver had a responsibility to operate safely.
- Breach of Duty: They failed to meet that responsibility (e.g., through reckless driving or improper vehicle securing).
- Causation: Their actions directly caused the accident and your injuries.
- Damages: You suffered physical, emotional, or financial harm as a result.
In New York, you generally have three years from the date of the accident to file a personal injury claim, but waiting too long can weaken your case as evidence may be lost. If the accident involves a government-owned tow truck, you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days. At Cellino Law, we’ll ensure you meet all deadlines and guide you through the legal process so you can focus on healing.
Who Can You Sue For Damages?
Liability in tow truck accidents can involve multiple parties, and identifying the right defendants is critical to maximizing your compensation. At Cellino Law, we’ve successfully pursued claims against:
- The Tow Truck Driver: If their negligence, such as distracted driving or speeding, caused the accident.
- The Towing Company: Employers may be liable for their drivers’ actions under vicarious liability or for negligent hiring, training, or maintenance practices.
- Third Parties: Manufacturers of defective tow truck parts or maintenance crews who failed to properly service the vehicle may share responsibility.
- Other Motorists: If another driver’s actions contributed to the crash, they could also be liable.
- Government Entities: If a city-owned tow truck caused the accident, you may sue the local government, though stricter timelines apply.
Our tow truck accident attorneys will conduct a comprehensive investigation to pinpoint all liable parties, ensuring no one escapes accountability for your suffering.
Types Of Damages You Can Recover
As a tow truck accident victim, you may be entitled to various types of compensation to address your losses. At Cellino Law, we fight to secure:
- Economic Damages:
- Medical Expenses: Covering hospital stays, surgeries, doctor visits, rehabilitation, and future medical needs.
- Lost Wages: Reimbursement for income lost due to your inability to work during recovery.
- Loss of Earning Capacity: Compensation if your injuries prevent you from returning to your job or earning at the same level.
- Property Damage: Costs to repair or replace your vehicle and other damaged property.
- Non-Economic Damages:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: For the diminished ability to enjoy hobbies, family time, or daily activities.
- Mental Anguish: Addressing psychological impacts like anxiety or PTSD.
- Punitive Damages: In rare cases, if the defendant’s actions were willfully reckless, courts may award additional damages to punish them. Note that insurance policies typically don’t cover punitive damages, so these come directly from the defendant.
If you’ve lost a loved one in a tow truck accident, you may be eligible to file a wrongful death claim for damages like funeral expenses, loss of financial support, and emotional suffering. We’ll calculate the full extent of your damages to ensure you pursue every penny you’re owed.
Call Cellino Law Today for Your Free Consultation
At Cellino Law, we know the physical, emotional, and financial toll a tow truck accident can take. Our Brooklyn personal injury attorneys have decades of experience fighting for accident victims, and we’re ready to fight for you. We offer free consultations, so you can discuss your case with us at no cost, and we work on a contingency fee basis, meaning you pay nothing unless we win your case. Don’t let the insurance companies or negligent parties take advantage of you. Contact Cellino Law today at (888) 888-8888 or fill out our online form to schedule your free case review. Let us help you get the justice and compensation you deserve, right here in Brooklyn.