About Nick Porto

Nick Porto is the co-founder of TowLawyer. TowLawyer is the one-stop shop where you’ll find legal resources and answers to your towing and recovery legal questions and concerns.

Do You Have a Safety Manual? If Not, You Should!

We have written much in these blogs about the need for a quality employment manual. Now it’s time to devote some time to an equally important manual: the safety manual. The safety manual is just what it sounds like: it’s a comprehensive source of safety policies that your company requires. For the security of your company and drivers, a safety manual is a must. It tells your drivers how to correctly, and safely, do their jobs. However, from a financial perspective, a safety manual can also save you money. This is because in the modern climate of skyrocketing insurance rates, most reputable insurance companies will require your company to have a safety manual before they will issue you a competitive rate.

By | 2017-09-21T14:18:11+00:00 September 21st, 2017|Human Resources|0 Comments

Keeping Your Insurance Rates as Low as Possible

In recent years, the costs of towing liability insurance have skyrocketed. The insurance companies have offered several different reasons for this unprecedented escalation. I’ve heard it’s because the costs of automobile liability insurance, in general, has risen. More drivers on the road means more accidents, which means higher insurance for everyone, including the tow industry. Others have attributed the increase to several major insurance companies pulling out of the market. Less insurers means increased costs for those that remain. Finally, some insurance companies have said that towing is simply too risky to insure. Towing is expensive and dangerous.

By | 2017-09-15T07:14:37+00:00 September 15th, 2017|Other Legal Issues|0 Comments

Gotta Pay to Play: the “American Rule” on Attorney’s Fees

There’s an economic reality to hiring an attorney to collect a tow bill. No matter what you might have heard, here’s the truth: if you hire a lawyer, absent some exception, you have to pay your attorney’s fees. You can’t make the losing side in a lawsuit pay your attorney’s bill.  It’s your responsibility.

By | 2017-08-31T16:00:07+00:00 August 31st, 2017|Billing & Collections|0 Comments

The Spirit Ride

On August 27, 2017, tow truck operators from locations near and far will convene at a local Kansas City park to remember Blake Gresham and “light up the night” for awareness about the importance of Move Over Laws.   On August 27, 2012, Blake Gresham was just 18 years old when he was struck and killed while towing a vehicle from a Kansas City highway.   This year will be fourth time tow companies have gathered on the anniversary of his death.  However, this year will be the first time the event will feature the Spirit Ride.

Stricter Requirements for Law Enforcement Tows?

The very nature of law enforcement towing presents a situation where the law enforcement agency is “hiring” a tow company for a consumer who can’t make the decision themselves because the consumer is incapacitated, incarcerated, injured or maybe even deceased.   Simply put, the consumer is vulnerable and, whether they know it or not, is relying on the law enforcement agency to select the best company possible.

By | 2017-08-15T14:12:49+00:00 August 17th, 2017|Tow Rotation Lists/Contracts|2 Comments

Suing to Collect a Tow Bill

At TowLawyer, the most common legal issues we see are collections issues. Tower’s getting stiffed on tow bills are a real problem from coast to coast. With the costs of equipment, employees, insurance, etc. rising every day, collecting on every tow bill that is “collectable” is absolutely vital. Here are a few tips.

By | 2017-08-10T11:40:10+00:00 August 10th, 2017|Billing & Collections|0 Comments

Taking the Truck Home at Night

I don’t need to tell you that the tow industry is unique.  A lot of the work performed is done away from the tow lot and at odd hours, often in the middle of the night.  For this reason, tow truck drivers taking their trucks home at night is common place for convenience reasons.  If a wreck occurs in the middle of the night, often times the driver is better able to respond from his house than from the lot. But, believe it or not, the practice of taking the truck home at night does create some legal issues.

By | 2017-08-04T10:28:01+00:00 August 3rd, 2017|Other Legal Issues|0 Comments

Tow Business For Sale

Some of my favorite cases are tow companies that are either selling their business or purchasing another business.  The reason I enjoy this kind of work is that (usually), no one is mad or sad.  No one has been stiffed on a tow bill.  No one has been hurt or killed.  Instead, the parties are entering into a transaction which will hopefully make them money, which makes them happy.

By | 2017-07-27T14:18:33+00:00 July 27th, 2017|Other Legal Issues|1 Comment

Wage and Hour 101

The other day, I received another phone call from a tow company being sued for violations of the Fair Labor Standards Act (FLSA), which regulates minimum wage, overtime pay, and record keeping for most employers. Every time I get a call such as this, I experience two competing emotions: I am sad for the tow company getting sued because I know the road ahead will be wildly expensive and likely not end with a good result. However, I also experience a twinge of anger at the tow company for not implementing basic measures to avoid these types of lawsuits.

By | 2017-07-20T09:09:22+00:00 July 20th, 2017|Human Resources|0 Comments