rreschran

With no audio on the second video, don't assume the white Nissan and its occupants are part of this shooting scenario. This part of San Diego is a very rough neighborhood and these thugs, guns, drugs and violence are a regular occurrance. Great arrest and kudo's to SDPD. Here's hoping that this repo or PPI is above board and the shooter is eventually identified. R.

Yeah ... this is scary and ... it happens all the time. Too many towers aren't adequately trained in vehicle recovery, or Hollywood techniques were at play. While I wasn't there, I'm sure there was a better alternative to working this recovery in such haphazard manner and slamming it down on the carrier. I'm sure there's plenty of behind the scene bragging going on. I've got this one filed in my archives entitled, "What NOT to do!"

Joanne, Cynthia and TRAA's staff have worked endlessly for tow operator professionalism and support to tow operators. TRAA "sets the tone" as being the national standard for the towing and recovery industry.

Whaaaat??? I’m not so sure I’m buying this story. Where’s the debris? Where are the cobwebs? Where are there sprouts of weeds growing underneath? Where’s the dust? If those who abandoned the truck were worried about being discovered, why would they remove the VIN, but leave a license plate? Something doesn't add up.

OK ... I'll play. I believe reflective vests or uniforms differentiate tow operators as on-scene workers, not just a motorist, other lookie Lou, or someone not involved in tow, load, rescue or recovery. Because the industry has identified them as PPE, wearing them becomes an insurance requirement or that of a law enforcement contract. The requirment is obvious in California's CHP rotation contract for tow truck drivers, the "Tow Service Agreement" says, "Tow Operators shall wear appropriate warning garments (e.g., vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance Class 3 requirements of the ANSI/ISEA 107-2004. While wearing either doesn't offer physical protection, they do make tow operators more visible AND OSHA and MUTCD complaint during nightime operations. They aren't an iron shield, but become one of those false senses to one's security. I believe they offer great value to the wearer's visibility especially when working in extreme weather like blizzards, heavy fog and torrential rain. So, when a tower is on-scene involved as that "pedestrian worker", what will OSHA or an insurance provider have to say if the tower is struck, injured or killed without wearing a vest? Hot or not ... I require my operators to wear them when in-process of tow, recovery and training events. R.

Kudos GM for making an effort to help educate others. Owners who don't demand or professional training oftentimes experience a costly event when something goes wrong.

May I add, a solid leader/manager, "Leads by example." They don’t hide behind their desks, but they'll jump in and out of the same trenches as the others with actions (and words) that help build team spirit. They have their fingers on the pulse of administrations and operations, but not to the point they lose focus on each individual employee. Employees are valuable assets not to be thought of just as a number on the roster. Solid managerial traits are; commitment, empathy, understanding and tact; while being able to mold his/her personnel in a direction that best suits the company’s mission and goals. When faced with personnel issues, they look to identify root causes and evaluate if retraining, discipline, or change in operations was necessary. They must be effective problem solvers. I believe management should demand a high-level of accountability that challenges team players to be the best they can be. Employees should be rewarded through periodic evaluations, chance of advancement, reward programs, the promise of long-term careers, and most importantly, being treated fairly and with respect. And, in that, I’ve discovered these kinds of actions help retain a, “Varsity Team.” It might sound a might hokey, but leadership in this manner has always worked for me. R.

Hey yoBdaBenO … I invite you to send John an Email asking if he will give you a call to share his insight regarding bike units as a support. HIs Email is johnjames@catheytowing.com … tell him Randy sent ya’.

Answering yoBdaBenO's question, florida towman, Gerald Lee Ball, was 84 and had returned from working a call complaining of a headache. He died in May 2005. Dating back to 1928 on my matrix of tow operators who lost their lives in the line-of-duty are as many as 50x towers who were 68-years-old or better at the time of their passing. Of those fifty, 5x were 75-year's old, and 5x towers 80 and above. Note. At least 12x towers died as the result of heart attack, stroke, or other medical issue while on the job driving or during work and recovery activities. However, others were killed in many, many different ways as the result of traffic collisions, industrial accidents, chasing debris, or workingwhite-line shoulder incidents. While I consider towing a, "Young Man's Sport", (or woman's), there are plenty of us old duffers still hittin' the bricks on a regular basis ... long may you rave. R.

Yeah ... payphones have pretty muck gone the way of the dinosaur, but that stupid laws still remain on the books.

There's plenty of forum banter about illegal PPIs and posted signs. When you're actively evaluating towing from private property, do you take any pictures of posted signs to include with your digital (photo) review? As an example, one gigantic San Diego commercial property has this sign at the far east fenceline; another property include the No-Pee sign, but no LE phone number or vehicle code number is present. My guys take pictures of proper signs at the physical location to avoid that, "I didn't see no signs" comments told to the judge. What's your practice or does it even matter?

Perhaps as a life-saving move in the better interests of tow operator survivability, Title 49 laws should be ammended to allow only a two-point tie-down for moving cars when deemed dangerous by the operator to help reduce operator strikes. In my opinion, both federal law and state laws actually put tow operators directly in-harms-way by requiring a four point or complete restraint before departing the tow or load location. These are the kind of laws that need change as the reflect the dangers of distracted driving. Ammending 393.106 or 393.110 to allow only two-point tie-down in critically dangerous areas would certainly help to reduce operator fatalitiies. Towers should then have an allowable responsibility to move to a safe/safer location, or first ramp off the highway, and then complete total four-point tie-down. While I support IITR's attempt to take close look at securment law, there's no direct focus to address one of the main reasons tow truck and carrier operators are struck while working to secure customer vehicles while working the side of flowing traffic.

James is a really educated young man who knows his industry. I had the pleasure as one of the pageant judges to talk at length with him. His "Bike Response Unit" is a very different way to respond to calls during high-traffic events and parades where quick access is key. Thanks James for sharing your response unit at the Dallas tow show. R.

Great topic Ron, but, I don't see it as being necessarily new. I believe what's being presented fall's under the heading of, "Special Relationships.". This is something towers don't have full understanding of. In California, there's a certain, "Standard of Care", to suggests tow operators are responsible for a motorist's welfare. But at what level? What about the customer who wanders away AFTER being told to be seated in their own car or inside the tow truck with their seatbelts on? What of you tell them to stand-away as you winch their car onto your carrier and they fall from the carrier's deck as they retrieve personal items AFTER being advised? What if they're struck AFTER they've been told to relocate to a safe location? As you set to loading the vehicle, it's not possible to give one-hundred percent attention to watching dangerous approaching traffic, to control the customer's actions, AND, focus on the dangers of loading and white-line safety. How can you predetermine of know how the motorist or customer is going to react? Just ask any human's factor's expert. IT's NOT POSSIBLE ! ! ! This is one HOT topic in past California court cases having to do with tow operators and on-scene responsibilities. It comes down to this ... in most state's, tow operators have NO LEGAL AUTHORITY to give orders. In old days, people would heed safety dangers, but in today's world, common sense and lack for authority has gone the way of the dinosaur. There's a really BIG difference between that of a confused person or an owner who's only concern is getting photos of their damaged vehicle. Does asking them to move out of harm's way make you a, "Good Samaritan?" In this liability rich environment ... good luck with getting that definition to work for you. On the other hand, dealing with, "First Amendment Auditors", they're the coniving individuals (with cameras) who try to bait towers into some reaction that results in violence. In either case, a single, verbal warning doesn't necessarily provide an appropriate warning nor one a resistive auditor may comply. Because tow operators are in a limited position to control tow, load, or recovery progress, simply telling the officer on-scene that nothing progresses until the officer orders the individual to move out of harms way. So ... when someone refuses to do what you are suggesting, are you that tower who's, "quick to anger", OR, one to stand back and wait. Keep in-mind that your work places' you smack dab into a world of clueless people who question authority and claim you're violating their right to free speech and free movement. While your best safety admonishment may be ignored, some member of the Tow Police or, "Industry Expert" will throw your actions under the bus. That suggests ... no matter what you do, you'll likely be blamed for your actions. Ron's comment about getting the cop to interact is solid advice. You can only do so much. I'm including a link to a 2008 California case, Monarrez v Auto Club, regaring this topic suggesting you read it as an example of the complexed issues behind securing the motorist. Link: https://caselaw.findlaw.com/ca-court-of-appeal/1616140.html

Kudos for having the fortitude to fight for red and blue lighting. It would be a welcomed standard for all tow trucks.

As Devon says, "Sad AND preventable." Agreed! Moose is correct and to his point I just hafta' ask, if a call for on-highway tow or recovery services is between the hours of 2200 hours and sunrise, WHY are tow companies taking calls on highways without highway patrol or LE on-scene. Not that a DUI driver won't strike a parked police crusier as well as a tow truck, a cop car parked on-scene lends "visual presence" especially when tow trucks aren't allowed blue or reds in their emergency lighting. At some point enough is enough! Since 1928, nearly 600-tow operators have been killed in white-line or shoulder incidents. Suggestion: Perhaps all motor-club and private requests should be routed to 911 with towers only responding when a unit is on-scene? Shouldn't towers see the value in lessons learned? R.

Your points mentioned are spot-on Ron. Lawsuits are typically seeking deep pocket awards and tow companies typically have insurance. But, that doesn't stop lawsuits as a means for someone to make easy money in out-of-court settlements. These kinds of cases are examples as to the reality of what happens when to try to assist?

From what minimum details that were shared to me, the tow operator moved to the shoulder along with his emergency lights and did not leave. The Plaintiff's attorney argued the tow truck shouldn't have been there. The case wasn't about the DUI driver's responsibility, it was about a non-emergency vehicle parked in traffic lanes, even if it was in the best interests of helping to block impact from a secondary collision that did occur.

Great comments Ron, yet there's much to be considered in court actions especially note in "Why" comments. Would the towers actions be considered as heroic, or negligent? I'm not one to judge. It's obvious fact that tow operators aren't medics and the industry doesn't train towers to be heros. Even carrying a first aid kit on a wrecker questions training, versus liability,versus Standard of Care. I've never written on the topic as doing so seems (to me) would be my misguided attempt to give legal advice that I'm not qualified to give. It's really sad to think of a world with out Good Samaritans and actions like this Texas tower. At such time it comes to this, all that's left are those idiots who'll stand idly by and make phone videos while someone's life hangs in the balance. I've included a link of a fatal collision where a California tow operator happened upon a "right now" collision. He too stopped to block and assist only to be held responsible for his actions. Link: https://www.ocregister.com/2021/11/02/100-mph-driver-convicted-of-murder-for-chain-reaction-crashes-on-5-freeway-that-killed-a-mother/ R.

You can bet this incident will certainly question tow trucks that are used as blocker trucks as will the use of cones, flares and lighting. The issue of "speed for conditions" will itself be determined by examining the police SUV's event data recorder. The officer's alleged response could have violated department policy as well as Texas vehicle code law, but, there's liability in serving as the Good Samaritin. A similar case in California just occurred where an industry "expert" threw the tow company under the proverbial bus. I salute the tower's mindset as his carrier's (blocking) position may have saved other injuries or deaths. While stopping to render aid is a reality that tow operators decide, a tower's actions may not be protected by the state's "Letter of the the law" as it's written. Put yourself in a juror's shoes ... what side would you land keeping in mind it comes down to the tower's actions and did they follow the industry's Standard of Care? Better yet, is there a Standard of Care for these kinds of events? R.

... I didn't think it was that deep .... but, I'll just stand here without a raincoat.

Just curious ... for companies that choose not to attend a formal safety training program, what on-highway safety training do you provide in-house? Does that include attending the national Traffic Incident Management Course? Your input is most welcome. R.

Hi Cindy ... while distance doesn't allow me to attend the court hearing for Mr. Robert's sentencing, know that I'm, "There in-spirit", to support your family. I've sent a letter to Flagman. Christine and I send to you our prayers and strength as you face the man that took Corey's Life. R.

Sending our prayers that he makes a quick and complete recovery. R&C

With more and more people living in their vehicles, this is a problem that's bound to repeat itself and one that suggests pounding on the window becomes standard practice. That man was a pretty sound sleeper for sure. R.