rreschran

I offer you this challenge based on an earlier fatality where a motorist crashed into the rear of a tow truck and was killed.

OK ... you're nervously seated in the star witness box in a tow-related, wrongful-death scenario. You've been named in a high-dollar lawsuit by the family of a DUI motorist who ran into your car carrier while you were parked on the shoulder, emergency amber lights on and six-cones in-position. You were there to tow a car that had no spare. You are asked this very pointed and important question ... "Mr./Ms. Tower, why were you parked on the shoulder and can you describe (if any) what hazards exist." How would you respond? If you're so bold to respond .. do consider the purpose of TIM training and its importance to testimony.  

Keep in mind ... your testimony is key as to the results of the final judgement. And no ... I'm not an attorney and this not any attempt to practice law.   R.

I consulted in a California death-case where a motorcyclist ran into the rear of a carrier pulling-off onto the shoulder to tow a vehicle. The motorcycle was also at speed and failed to slow down and move over. The motorcyclist impacted the rear of the carrier as the carrier was moving from traffic lanes and headed onto the shoulder with his over-head amber lights on. The motorcyclist was lifted off his motorcycle and dropped into traffic lanes where he was struck by another vehicle. The coroner stated the second impact was what caused his fatal injuries. Fast forward to a high-dollar lawsuit where the Plaintiff's "expert witness", threw the tow company and the tower under the proverbial bus insinuating the tow truck's lights most likely blinded the motorcyclist. The Plaintiff's guardian was ultimately awarded a huge, but undisclosed amount when the case settled out of court. In these kinds of cases, the Plaintiff's attorneys focused on the tow company's Employee Handbook, whether or not the tower received, "formal training", from a recognized, tow training entity, and whether or not the tower had received TIMs training. Also important to this case was the premise of the Move-Over Law and the vehicle code law for amber lighting. Their so-called, "expert witness", in his "pay for hire", deposition, used the phrases, "I don't know", and "I don't recall", literally dozens of times. So much for being an expert. Lessons learned? Know the vehicle code laws in your area, towers, get thoroughly trained, and owners, be sure your company has an employee handbook that covers the most important activities regarding your business.  I the case mentioned above, I don't think the move-over law applies to this non-highway location.  YoBdaBen presents a great question about on-scene preparation.     R. 

Captain Hudson ... if you have a moment, please call me about this incident 619-807-3177 ... Thanks.   R.

Hey Moose ... welcome back. I'm glad to see that you noticed that, " the board is active again." There's much to be active about for sure.    R

GM ... Thanks for your comments that increase the value of the lesson being taught here. When I teach at FSP quarterly meetings, we have discussions about all of the reasons towers get killed. Although FSP and like programs have better training, I believe that they still are told by the programs themselves to provide those services that place towers in harm's way.    R.

... it does appear that there was a loose-strap at the driver's front, but an unattached strap doesn't hold any value nor does it hold a loose SUV.

For me ... I'm entertained at the 33-second mark that includes a double, "WTF", head-scratching moment from the Lookie-Loo's on-scene.

I've witnessed a double nose picking before, but this is the first double head scratching incident I've ever seen.    R.

An, "arrester bed", is what we American's describe as a, "runaway truck ramp", filled with small-size gravel. Van Reenan's Pass is in South Africa and also is referred to as the N-3 Highway linking Durban and Johannesburg.   R.

If there are tire marks across tower's abdomen, the tower was pretty far under the rolling vehicle. In that last, "OH SHIT", moment to stop the roll-away, this is a consistent factor in many tow operator fatalities in the past. Like the recent video of the carrier operator who lost the Suburban-looking SUV from his carrier, he too chased down his roll-away carrier when it started to roll in the opposite direction. Admittedly, I too once chased down a roll-away vehicle and was able to stop it. Sometimes the immediate thought of damaging someone else's property comes to mind, or, the thought of getting fired is a quick thought, or worst yet, someone else could be injured or killed by the roll-away ... I know what it's like to be caught-up in that, "OH SHIT", moment.      R

From Hemet, california, we send our prayers in the loss of this young Canadian tow operator.    R.

From Hemwt, california, we send our prayers in the loss of this young Canadian tow operator.    R.

This is a great training video. In all my years, I've never seen both tow truck and loaded vehicle roll in opposite directions. From what I see ... it especially addresses the issues of:

1)  driving a vehicle onto a carrier's deck

2)  no topside safety strap(s)

3)  no chock blocks against the carrier's tires

4)  failing to set the carrier's emergency brake

5)  the dangers of chasing a rolling tow truck.

Yeah ... it's appropriate to say that the tow God's were with this guy this day.     R.

Good Comments Guys ... it's because of the world of psychos that are out and about, towers in California are NOT allowed to randomly stop and check the welfare of a vehicle parked on the side of the highway ... especially at 3 AM on the highway. As in the recent case of tow operator, John Pekipaki in California, he was stabbed by a homicidal suspect who set him up, or, the 2015, Pico Rivera, California, unprovoked stabbing of AAA tower, Raymond Zaballa, who just finished a simple jump start when a transient rode-up on a bike and stabbed him in the neck for no reason. Be it robbery, a way to car-jack your tow truck, to kill you for your cell phone, or, to die at the hands of some knife wielding psycho with a penchant for killing people, I agree that there's no safe reason to stop for anyone any more.  That goes for those late night calls that are questionable.   R.

The potential of this happening (anywhere in the world) is possible. I've written on this subject before and share my thoughts. As described from this news post, as many as 6x persons were victim of the DUI crash including the arrested 19-year old. The article doesn't detail it, but the deceased was discovered when the tow company was about to leave the scene. I've worked these crashes as a police investigator,  EMT, and tow operator noting that small victims tend to be thrown to the floor upon impact. Plus, today's modern vehicles are equipped with as many as 12x air-bags. When smaller victims are tossed to the floor-boards or under the dashboard, they may be covered with compartment debris; there's always a possibility that someone was over-looked, especially when fire and medical responders are caring for critically injured persons.  Also note that at 0400 hours, it's difficult to see all details when it's till dark. And, if there's a fatality, the deceased has to wait for arrival of the Sheriff or Coroner to claim the deceased. This can be a grey-area where an accidental, "forgetting", can happen. Most fire and police departments now have protocol that requires a systematic check of a vehicle's interior to include writing on the vehicle's exterior with markings to indicate the specific space has been searched. Although we towers are typically the last to handle a demolished vehicle, it's important to take a quick look at all interior spaces before loading onto a flatbed carrier or dollies to ensure no-one is left behind. Prior to departing, push those deployed air-bags out of the way and make a cursory look, while at the same time be ready for the visual shock that an injured someone or a deceased individual is still in the car.    R.

Hi All ... Just for fun I pose to you this question: One of your best drivers calls in sick, but wasn't so sick that he was seen later the same evening at a local dirt track drinking beer with a bunch of buddies. How do you as owner approach this situation while maintaining your calm? Because there are three issues here (trust, honesty and an employee working the system), what would you do to keep this employee in-check? Does it matter or not that the driver was "one of the company's best"? Verbal warning? Reprimand? Suspension? Dismissal? What is your company's sick policy?   R.

I personally don't like these kinds of body-shop rollers for tow truck and carrier purposes. I've experienced a car on these kinds of accessories as a potential, dangerous roll-away, a driver who blew out his back trying to push a loaded vehicle, or, having to pay to repair a butt-dent or palm-print as a result of trying to push a vehicle from a parking spot. I also paid for a driver's injuries after a slip and fall by another spraying lubricants onto a carrier's deck.  When looking at those, "what-if", scenarios they present,  I prefer to use dollies and skates.Each of the examples mentioned all were either the result of a Worker's Comp claim or a small-claims suit for driver inflicted damage.  R.

Hey Jack ... send our prayers and support to the driver asking for his quck recovery. We're there in spirit from Southern California.    R&C

With this week being Slow Down Move-Over Week, Ron and Chris provide this article of what NOT to do when it comes to tow operator safety. Not to pick a fight, but this picture is worth one-thousand words. Although staged for this story, I know the value of a photo especially in courtroom settings where a motorist may be on-trial for a tow operator's death. Playing the Devil's Advocate here, in this one, single photo, if this photo was the focus on tow operator safety, it clearly sends the message of incompetence by showing:

1)  The tower is working, standing, walking on the traffic-side 

2)  He's standing in an active lane of travel (turn lane)

3)  His back is to traffic

4)  There are no cones, flares, triangles, etc, to identify an active work-zone or indicate advanced emergency notice

5)  If that other truck is a tow truck there as a blocker truck, there's no value in its position

Tow operators tend to be their own worst enemy. It's understandable that the towing and recovery industry is a dangerous occupation, but to put one's self in harms way doesn't reflect lessons learned from more than 300-highway related fatalities through the years. While the location shown may not be a super-highway, SDMO laws aren't enforcement on city streets, but the dangers are still very much the same. This photo and its narrative may fully entertain the motoring public, but should send a different survival message to every tower reading it. I don't like tow truck driver stories where tower's tell about how they were hit by a mirror, or almost run over, especially the statements that claim, "I was nearly hit five times." What that says to me is ... "I was a dope five times where I, Me, Myself, stood where I shouldn't have been standing."

Tow operator safety begins in the mind and attitude of every tower, not with SDMO programs, laws and narrative like this one published in the Orange County Register. The culture of operator safety needs to change, especially in California where rotation towers and FSP providers are still changing tires. To that, the pictures shown in the original article depict a bleak representation of the reason operators are continually killed. Consider this rant my personal opinion, but the industry's fatality history since 1934 doesn't lie. The fatality numbers should be decreasing, not increasing in the upward count. And, bye the way, California LEADS the industry in highway and shoulder related fatalities ... go figure.     R.

All tow companies and tow operator's alike should support the National Move-Over Law.

I salute those tow owners who make it their company's priority to get involved in requiring solid training and company policy that represents white-line safety in a proactive manner. 

In more than 30-years, I've compiled a list that confirms and documents more than 300-highway related operator strikes resulting in fatality. This number doesn't represent the number of operators hit or injured. I also believe that American Towman's Spirit Ride was a huge success in helping to bring awareness of SDMO to communities across America. And, committing to Tow First and NOT changing tires on the highways is helping to reduce operator fatalities. 

As for the questions asked above, I say, "Yes", to three out of four as my entire career has revolved around tow operator and first-responder safety, but I'm not a member of any state association. I believe all towers ... members or not, should fully support and hold-up SDMO in the best interests of their individual survival. One DOESN'T have to be a member of an association to do so.

Accordingly, if you witness a tower haphazardly standing on the white-line, it's your responsibility to say something to them. If they bark back at you, at least you've made an attempt to make them aware of their careless ways. As it regards all towers, ... the life you save MAY be your own.  R

Hi All ... I'm pleased to share with you that my research article regarding the December 1954 death of, Canadian Tow Operator, Edgar Arthur Pilon, was published in American Towman's September 2019 issue just out. From my research, I believe that Mr. Pilon's death to be the 5th oldest, known tow truck operator fatality ever recorded and the oldest operator fatality in Canada's towing and recovery industry. After lengthy and repeated attempts to locate any surviving family, I was contacted by Mr. Pilon's son Richard where we worked together to build this story.

As this eight month project was nearing its completion, I submitted the article and its information to the International Towing & Recovery Museum requesting that Mr. Pilon's name be added to the Wall of the Fallen. Prior to my making contact with the Pilon children, none of them knew that the towing and recovery industry had a museum or a Wall of the Fallen for tow operators killed in the line of duty. On October 12th, 2019, Mr. Pilon's name will posthumously be added to the Wall of the Fallen in Chattanooga. Additionally, Mr. Pilon's children are driving from Lancaster, Ontario, Canada, to meet up with Christine and I to witness their father's name being added to the Wall. I'm extremely honored and happy that this project brings recognition to Mr. Pilon who gave his life in the service of perfect strangers nearly 65-years ago.    R

The article can be seen at American Towman's Tow Industry Week digital edition @ http://digital.olivesoftware.com/olive/odn/americantowman/default.aspx Pages 30 to 32.

I'm looking forward to seeing Jamie inducted into this year's International Towing and Recovery Hall of Fame on October 12th. Congratulations Jamie on your induction.  Best Regards,   R.

Just my guess John ... by the heavy metal box, I-beam booms, IR looking headlights, ammo can looking box in the back, and the heavy lugged, military tires on all wheels. It looks vintage military to me. I base that guess on a similar relic sitting on-site at Ellis Towing in Bardstown, Kentucky years back. Like everything the military spec'd, it always was overbuilt to meet the rigors of military recovery. If the folks at Ellis are on this site, perhaps they can add some details. It was pouring rain when I was there and there was no-one around on a Saturday.  Thanks for sharing John.   R.

 What an incredible impact. Christine and I send our prayers to Patric's family and the company he worked for.    R&C

Christine and I too will be in Chattanooga for HOF and WOF events. I'm looking forward to see in you John.   R.

Hi John ... semi retired? What's that. Thanks for your comments as they are in-line with what others I've talked with. The purpose of the criminal record bureau is consistent with what most agencies require here in the states. As always ... it's great to see you and perhaps I'll see you in Atlantic City? Best Regards.    R.

Hey there tow bosses ... This isn't a new topic, but one that reflects the here and now climate of the towing and recovery industry.  I personally believe in second chances for former incarcerated individuals and believe they are fit for service after serving time. Having employed and managed numerous tow truck drivers with a former bad history, I've had really good luck with these individual. Yeah ... there were a few players, but they were moved on for obvious reasons. Unfortunately, the law enforcement community oftentimes doesn't see it that way. I'm seeking opinions or pro-active comments. I'm really interested to hear your comments by answering and or all of the following:

Do you have criteria for allowing someone a second chance?

Would you/have you considered hiring a convicted felon who has served time, but not for crimes of violence, auto theft, or sexual predation?

Have you worked with the Dept. of Corrections or individual parole officer in the past? 

As a former inmate now released, are they assigned and approved by law enforcement in your community?

Any comments are welcome for a research project I'm working on.

Thanks ... R

... the premise is simple ... never ask an employee to do anything that they wouldn't do themselves. Steve is a stand-up guy and leads by example.