There was a truly tragic story this month involving a tow truck driver in Watertown, Massachusetts. 68-year-old Benita Horner was involved in a fatal accident that allegedly resulted in Ms. Horner being struck and pinned beneath a tow truck while crossing an intersection. Moments later, the victim’s 38-year-old son, who witnessed his mother being run over, jumped into the tow truck and allegedly repeatedly stabbed the driver, who sustained critical injuries. The victim’s son, who is reporting as having a history of mental health issues, was arrested and charged with attempted murder, assault and battery, and resisting arrest. Meanwhile, no charges have been announced against the tow truck driver.
At TowLawyer.com we often get calls from subscribers frustrated over the lack of enforcement of laws and regulations that apply to their local towing operations. Nothing is more infuriating that seeing a flagrant violation of a towing ordinance or police department regulation by a competitor that goes unenforced. For example, a local ordinance requires all tow trucks to carry a fire extinguisher and broom but none of your competitor’s trucks have that equipment. Or the police department rotation rules require a 10-foot chain-link fence capped with strands of barbed-wire but your competition only has a rickety 6-foot fence patched up with chicken wire and pieces of tin.
Happy Labor Day! The tow industry is filled with dedicated and hard working people. Workers who show up to work battling weather, road hazards and other adverse conditions day in, day out. We hope everyone gets some down time this weekend and has a relaxing and safe holiday with family and friends. -TowLawyer
Liens are always a hot topic in the tow community. When properly asserted, they can be a powerful collecting tool. However, like anything, done incorrectly, they expose a tow company to potential liability.
I have a special place in my heart for the tow companies of Arizona. The first ever member of TowLawyer was from Arizona. Upon joining our website, I remember him telling me how the resources of the website were a major help to the tow companies in Arizona who were trying to abide by the law. Recently, however, the bad deeds of a few tow truck companies have negatively impacted towing across the state.
On November 7, 2013, the Tennessee Highway Patrol (THP), Chattanooga District, suspended Monteagle Wrecker Service (MWS) from its wrecker rotation list for one (1) year. The THP determined that MWS had violated the THP rotation wrecker rule which prohibits two (2) or more towing companies, owned in whole or in part by the same individual, to participate on the towing list within the same zone. According to the THP, the owner of MWS, Rodney Kilgore, had an ownership interest in two other THP-rotation companies in the same zone. That conclusion was based, in part, on evidence that MWS was processing credit card payments for all three companies. One of the other companies, which was being operated by Rodney Kilgore’s father, William Kilgore, was permanently removed from the THP list on the same day.
Celebrating our nation and wishing you and your family a happy Independence Day.
I don’t need to tell you that owning a tow business is high risk. It’s a dangerous profession with expensive equipment and expensive claims. These risks are present every day. For these reasons, careful consideration should be given to how you legally structure the ownership of your business. If you make the wrong choice, everything [...]
In my opinion, some tow company owners are too nice to their employees. I’ve seen many an owner pay for an employee’s mistakes (literally), such as paying for a traffic fine or for the damage an employee caused, only to have the employee fail (literally) to repay the favor. When this happens, tow companies are sometimes quick to immediately “dock” the employee’s paycheck to recover any monies that were spent on the employee.
As we have discussed in this blog, the American Rule of attorney’s fees requires each side to pay their own way unless there is a statute or contract that says otherwise. Unfortunately, consumer protection lawsuits are one of the types of statutes that carry an attorney’s fees provision. Even more unfortunate, these are exactly the type of lawsuits a tow company can expect to be hit with by a disgruntled consumer.