When a car breaks down or an accident occurs, a tow truck may be dispatched to the scene. Tow truck drivers often park on the side of the highway when responding to calls, but this is one of the most dangerous places for both drivers and emergency responders. Vehicles driving past the shoulder at high speeds leave little margin for error, and a single mistake can lead to a devastating crash. Our car accident lawyers can answer your questions and help you seek the justice you deserve.
Ohio’s Move Over Law is designed to protect tow truck drivers and other workers on the roadside. But many drivers are unaware of this law or ignore it, creating hazardous situations for everyone involved. If you’ve been injured in a shoulder-side crash involving a tow truck, you may be entitled to compensation.
What Is the Move Over Law in Ohio?
The Ohio State Highway Patrol says the Move Over Law requires drivers to shift one lane away from any stationary public safety vehicle, tow truck, or highway maintenance vehicle with flashing lights. If changing lanes is unsafe or impossible, drivers must slow down and proceed with caution, keeping the safety of the responders in mind.
Violating this law is both dangerous and illegal. Drivers who fail to comply can face many negative consequences, especially if their actions lead to a crash. Our attorneys understand how to hold these careless drivers accountable when they injure workers.
Why Tow Truck Accidents Happen on the Shoulder
Tow trucks often operate in high-risk areas, including on the shoulder of busy highways. Add fast-moving traffic and distracted drivers to the equation, and it’s easy to see how serious accidents can happen.
One common cause of tow truck crashes is distracted driving. Motorists may glance at their phones or GPS devices and fail to notice the flashing lights of a disabled vehicle until it is too late. Others misjudge the distance or speed of the tow truck, especially in low visibility conditions.
Even drivers who notice the stopped vehicle and flashing lights may not react appropriately. Some fail to slow down, while others may try to change lanes at the last moment, swerving dangerously close to the shoulder or striking another vehicle in the process. These split-second decisions can lead to multicar pileups and catastrophic injuries.
Who Is Liable After a Shoulder Collision Involving a Tow Truck?
Identifying who is at fault after a shoulder crash often depends on the specific circumstances. In many cases, the driver who violated the Move Over Law will be found liable, especially if they failed to take reasonable steps to avoid a collision, such as slowing down or changing lanes, thereby directly violating both traffic laws and the duty of care.
However, liability is not always one-sided. If a tow truck operator acted negligently by parking unsafely or failing to secure the vehicle before pulling away, they may share fault for the accident. If a third driver caused a chain-reaction crash by pushing another vehicle onto the shoulder, that person may also be held accountable.
Ohio follows a comparative negligence system, which means multiple parties can be held accountable for a crash. As long as you are found to be less than 51% responsible for the accident, you may still recover compensation, although your recovery will be reduced in proportion to your share of the blame.
Legal Rights of Injured Drivers and Tow Truck Operators
Both motorists and tow truck workers injured in shoulder-side crashes may have the right to pursue a personal injury claim. If someone else’s negligence caused or contributed to the accident, victims can seek compensation for a wide range of damages.
This can include emergency medical care, ongoing treatment, lost wages from missed work, reduced future earning capacity, and pain and suffering. In tragic cases involving fatal injuries, surviving family members may also file a wrongful death claim.
Whether you are the driver of the disabled vehicle or a roadside worker doing your job, you should not have to shoulder the burden of someone else’s recklessness. Understanding your legal rights is the first step toward recovery.
Challenges in Move Over Law Claims
Move Over Law cases can be more complex than typical car accident claims. Insurance companies may dispute liability, especially if multiple vehicles were involved. They may also argue that the victim shares some responsibility for the crash, such as standing too close to traffic or failing to wear visible gear.
These tactics are designed to minimize payouts, and the insurance adjuster assigned to your case will work to reduce or eliminate yours. Our firm can counter their strategies by investigating the accident and building a strong case that clearly shows how the other party’s negligence was to blame.
What to Do After a Tow Truck Accident on the Shoulder
A crash involving a tow truck on the shoulder can leave you shaken and unsure of your next steps. Taking the right actions immediately after the accident can protect both your health and your legal claim:
- Move to safety.
- Call 911.
- Request medical assistance.
- Report the crash to police or the Ohio State Highway Patrol.
- Document the scene with photos.
- Collect contact information from witnesses.
- Exchange insurance details with all drivers.
- Avoid discussing fault with anyone at the scene.
Once you’re safe and treated, contact a personal injury lawyer as soon as possible. Evidence disappears quickly, and early legal guidance can preserve your right to compensation.
Learn How Nurenberg Paris Can Help
At Nurenberg Paris, our team is here to serve as your advocate following this type of collision. The side of a busy road is a dangerous place, and you deserve justice for any collision caused by someone else’s negligence.
Now is the time to discuss your options. Contact us today for a free consultation.
