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Working in Live Traffic
Most commercial vehicles try to stay out of the way of traffic. A tow operator’s work requires standing in it, frequently on a narrow shoulder, often at night, beside a vehicle that has already been in a crash.
Florida’s Move Over law addresses exactly this. Drivers approaching a stopped emergency, sanitation, utility, or wrecker vehicle displaying warning lights must move over a lane where they safely can, and where they cannot, must slow substantially below the posted limit. It applies to tow trucks working a roadside, and a failure to comply is directly relevant when an operator or a stranded motorist is struck.
The duty runs both ways. Tow operators are responsible for positioning the vehicle to shield the work area, deploying warning lights and devices, and wearing high-visibility clothing. A recovery set up carelessly on a live shoulder endangers the operator, the customer, and passing traffic alike.
How Tow Truck Incidents Happen
- Operators and customers struck on the shoulder by passing traffic, the most serious category by far.
- The towed vehicle coming loose — inadequate chains, straps, or safety cables releasing a vehicle into traffic.
- Improper loading that shifts weight and destabilises the tow vehicle, particularly on flatbed carriers.
- Damage to the towed vehicle from incorrect hook-up, which is a property claim rather than an injury one but often accompanies a dispute.
- Rear-end collisions where a wrecker with a towed vehicle stops or slows unexpectedly.
- Wide turns and swing-out, since a towed vehicle tracks differently from a trailer.
- Repossession and non-consensual tows, where speed and conflict raise risk.
- Untrained or inadequately equipped operators, an issue in a fragmented industry with many small operators.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
Who Is Liable
| Potentially Liable Party | Typical Basis for Liability |
|---|---|
| Passing driver | Failing to move over or slow for a stopped wrecker displaying warning lights |
| Tow operator | Unsafe roadside setup, inadequate warning devices, improper securement of the towed vehicle |
| Towing company | Vicarious liability, plus negligent hiring, training, and equipment maintenance |
| Dispatching party | Where a motor club, insurer, or law enforcement agency dispatched an operator known to be unqualified |
| Equipment manufacturer | Defective winches, chains, safety cables, or wheel-lift components |
| Property or facility owner | Where a tow was performed on private property under unsafe conditions |
Florida applies modified comparative negligence under Fla. Stat. § 768.81: you recover as long as you are not more than 50% at fault, with the award reduced by your share. The two-year limitations period for negligence claims arising after March 24, 2023 applies (Fla. Stat. § 95.11(5)(a)), and PIP under Fla. Stat. § 627.736 requires treatment within 14 days.
Roadside recovery is the most exposed work on any highway.
Shiner Law Group offers free case reviews for Florida tow operators and roadside crash victims — 24/7, no fee unless you win.
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What to Do After a Tow Truck Incident
- Photograph the roadside setup — vehicle position, warning lights, cones or triangles, and lane markings — before anything is moved.
- Photograph the securement if a towed vehicle came loose: chains, straps, and safety cables.
- Note the towing company name and unit number, and who dispatched the tow.
- Get medical care immediately — Florida’s PIP statute (Fla. Stat. § 627.736) requires initial treatment within 14 days to access your $10,000 in benefits.
- Call law enforcement and get the crash report number.
- Photograph the vehicle and its markings, including the DOT number and any company name or livery.
- Photograph the load and how it was secured, before anything is moved.
- Get witness contact information before traffic clears.
- Do not give a recorded statement to the trucking company’s insurer before speaking with an attorney.
- Act quickly on evidence — camera footage and electronic data are overwritten within weeks.