Tow Truck Struck - 06.09.22 (TX) "Updated"

[TowNews]

Tow truck helping with rollover hit by San Antonio police officer responding to call, department says

 

While traffic was blocked, SAPD said the officer responding to the incident was driving at high speeds over a hill when they crashed into the tow truck.

 

 

 

SAN ANTONIO — A tow truck helping with a rollover was hit by a San Antonio Police Department officer responding to the call, authorities say.

 

The crash happened around 3:40 a.m. on Thursday at Northwest Loop 410 near Rolling Ridge.

 

Police said a driver and his son were helping render aid to two adults and a child who were involved in a rollover.

 

The tow truck, which was coming from another car accident, stopped and blocked traffic to help with the rollover. 

 

While traffic was blocked, SAPD said the officer responding to the incident was driving at high speeds over a hill when they crashed into the tow truck.

 

Several people were evaluated for injuries, but everyone is reportedly expected to be okay. Authorities said they will investigate the officer crash.

 

 

[TowForce]

 

[rreschran]

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.

[TowZone]

This is an interesting angle:

 

Here is what I found in regards to California, every state is somewhat different and I it is not clear concern Texas. So, I need to do some further research before commenting the state of Texas.

 

Failure to Render Aid:

California does not impose a duty on any member of the public to render aid to another person in an emergency. Thus, if you choose not to get involved, California law does not impose any criminal or civil liability for your inaction.

As an agrument, this would not be a protection.

 

Does the Good Samaritan law apply?

In California, there is no duty to rescue or assist another person who is in danger or in an emergency situation. This means that you cannot be held liable for not helping out; neither a lawsuit nor criminal charges can be filed.

As an agrument, this would open the door.

 

How does the Good Samaritan law work?

What is the "Good Samaritan Law" in California? California Good Samaritan law shields you from civil liability when you act in good faith, not seeking compensation, to render emergency medical or non-medical care at the scene of an emergency.

As an agrument, this would possibly provide some level of protection.

 

I am sure one of the Towing Publications has a past article which cover this topic of "Traffic Assistance" as a Good Samaritan.

 

I have never thought of a good argument for Tow Trucks to be considered First Responders. That is because it is only occasional that the Tow Truck is First on the Scene. Question is if Tow Trucks were classified as First Responders would that be a legal protection? While it may not satisfied the private companies insurnace it would likely reduce the liablity. We really need an Industry Attorney/Legal Advisor/Commentor that is willing to chime in on some of these serious discusions.

“Good Samaritan” Law at a Glance 

https://www.safehighways.org/additional-resources/safe-highway-matters/spring-2010-3/good-samaritan-law/

Safety Service Patrol drivers are often the first responders to emergency situations that arise along America’s highways. The “Good Samaritan” Law aims to protect them and other first responders who help injured people during these emergency situations.

What? The “Good Samaritan” Law typically protects first responders from liability for unintentional injury or wrongful death following assistance given to another injured or ill person during an emergency situation, unless the assistance provided is deemed unreasonable or non-consensual.

Why? Due to the overwhelming tendency in the United States for civilians to pursue personal injury lawsuits, the law was designed to ensure that rescuers and bystanders could and would aid others in trouble without being fearful of an impending lawsuit.

Where? While some form of the “Good Samaritan” Law exists in all 50 states, each statute varies depending on the jurisdiction.

When? California was the first state to enact such a principle into law in 1959 when they granted immunity to doctors who give aid in emergency situations.

Who? Some states’ “Good Samaritan” Laws protect all individuals who find themselves in an emergency situation where someone requires assistance, while other states’ law only shield those who have completed basic first aid training and are certified by national health organizations. In some cases the “Good Samaritan” Law extends even to off-duty and volunteer first responders.

How? For more information on your state’s “Good Samaritan” Law please visit: http://www.cprinstructor.com/legal.htm.

[rreschran]

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.   

[TowZone]

I am confused by the story. Did the Tow truck Driver move his vehicle off the freeway as ordered by the 911 dispatcher?

 

A 911 dispatcher told the tow truck driver to move his vehicle, which was outfitted with lights, off the freeway, Fascenelli said, despite the tow truck driver arguing that doing so could lead to an accident. The crash scene was safe before the tow truck driver was ordered to move his vehicle, a decision that broke Aguilar-Calixto’s chain of responsibility, the defense attorney argued.

[rreschran]

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.

[TowZone]

An attorney is going to agrue the point regardless the involvement of the tow truck. In this case there would have been no way out if you were the tow truck caught up in the incident but not envolved. Even if the tow truck was involved the atty. would agree that the tow truck activated their beacon or did not activate the beacon. The Tow Truck Driver followed instructions and moved out of the roadway. My arugement would be I reported the incident and rendered aid by calling 911. I then followed the instructions given, I was not told to leave the scene as I may have been a witness.

 

What if the Tow Truck were to slow or stop and then leave the scene, but call it in to 911. I suppose the Tow Truck Driver would be covered. But, it is likely that an attorney may try to name the company in a law suit even though the Tow Truck had no responsiblity to stay on scene. Again, there is no situation other than not being there that would protect the Tow Truck Driver or Company from an attorney that was naming everyone they could.

 

Why can't we get back to the basics?

[rreschran]

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? 

 

[goodmichael]

Greetings, I have been away for some time due to works well as rehabbing from injuries as well as illness. Hope you guys missed me. I live in SA, TX. We are blessed to have what is called the HERO program which was sponsored by a Texas Department of Transportation , TXDOT, grant. These folks assist stranded motorists as well as provide traffic control for tow trucks as they work a scene. A wrecker operator can call them to request their assistance at no charge. They put out cones, provide a blocker vehicle, and overall enhance the safety of the. scene. It is a great program.

That being said, that officer is definitely going to lose some vacation time due to a preventable fleet crash incident. I personally do not block traffic with avehicle to prevent a secondary crash. I will advise the occupants on selecting a safe staging area, and will assist injured occupants, and will block a scene if doing so will protect an injured person. But that is my limit.

[TowZone]

@goodmichael Good to see you back on board, we have missed your input. Hope all is well and you are feeling much better. The number of hours I have been putting in as of late has taken it's toll and I find myself sleeping nearly 8 hours compared to 5 or 6 just to catch up.

 

We have a state funded program called TRIMARC here that does basically to same thing as your HERO Program. Sadly the Hours are Limited and I think they are either short on staff or equipment. Their hours of operation are 6:30am to 10:30pm, It would be nice to have one unit available during the overnight hours. Often they start recieving calls for service at 6:00am and I have not heard of a unit out after 8:00pm so I'm not sure the hours are the best. it is likely they start at 6am and end at 10pm with a half hour on each end to start and end shifts.

 

Never the least it is an invaluable service which without doubt has saved lives due to the traffic advisor board mounted on the units. The fear I have is one will be struck changing a tire on the side of the roadway. This can occur even with the large arrow board. How days I find that the traffic advsor board may prove to slow traffic as they slow to read the message. Then again that could cause a secondary an accident as well.

 

I was assisting with traffic control at an accident the other evening. A lady literally stops her vehicle in the travel portion of the roadway just past my unit. I feared the worst but after about 10 to 25 seconds she moved on. Keep in mond this was a 55mph highway that traffic is traveling a minimum of 65mph and traffic stops are 80mph and higher. If they changed the speed limit to 65mph, drivers would just go 10mph more.

 

Even I can not do 55 in my personal vehicle. One I would get run over and Two the 4 lane roadway is designed for higher speeds. I am sure many here have these same issues.