Do You Stop and Block? Legalities?

[rreschran]

The following news narrative high-lights the dangers of stopping and blocking stalled vehicles on the highway. Early reports of this crash don’t do justice to the tow operator’s intent to block the police vehicle and other vehicles stopped in traffic lanes. I send my prayers to the tow operator and his wife who were injured. Also note; the police officer was not hurt. Perhaps the tow truck blocking for the stopped police (in TIM manner) vehicle saved his life and others, especially if there wasn’t time to set flares and cones? Stop and block is something we towers have been doing for years.

 

News Report “One person is dead and two others in the hospital after a driver on U.S. 59 slammed into a tow truck in Humble. Officers responding to an earlier freeway wreck around 3:45 a.m. blocked off the far right lane of the road, according to Humble police. A tow truck driver arriving at the scene pulled up behind the patrol car and parked in the lane to help give police extra cover, according to Humble investigator Dustin Thompson. A white Nissan failed to change lanes in time to go around the wreckage, and instead slammed into the tow truck. The Nissan driver died, and the driver and passenger in the tow truck were taken to the hospital with non-life-threatening injuries. The officer was not hurt.” Question: I fully support the tow operator’s actions and ask ... would you have stopped and blocked in the same manner? Perhaps this scenario is the perfect example where the Texas Towing Association should lobby hard for red and blue emergency lighting on tow trucks … not that it would have totally helped in this crash.    R.

 

Source: https://www.mysanantonio.com/news/houston-texas/article/1-dead-after-car-slams-into-tow-truck-in-Humble-12605314.php  

[towman2]

Would do it every single time! Although the driver of the vehicle died it more than likely saved another operators, officers, or firefighters life. Nobody needs to or deserves to die in a traffic accident but if the decision must be made, I feel the person who fails to exercise caution at the accident scene should draw the short straw.

[towman2]

Oh ya.....and DAMN the legalities!

[goodmichael]

The police department here in San Antonio utilizes the fire department to block off traffic with a fire engine. while I respect the intent of an operator blocking off a scene to assist, I believe that if the truck does not belong to you personally, you need to collaborate with the units owner before you put the equipment in harms way. I would like to see this industry detail the parameters of when it is allowable for an operator to say, "No, I am not working that incident because it is unsafe." Many years ago, I was dispatched to a rotation call for a single vehicle crash. 3am, white Chevy Blazer impacted a power pole, driver fled, downed wire on the ground, no buzzing, just a downed wire, could have been a phone wire for all I knew. Police officer directed me to move the Blazer and clear the scene. I asked if power company had made scene. Officer stated not to his knowledge. I asked if they, power company, were called to respond, officer stated that they were aware of a downed wire. I informed the officer that I would not go near car or wire until I personally spoke to power company representative who would be giving me the authorization to proceed. Officer responded in a hostile manner, directing me to move the casualty. Officer was a FTO, field training officer. I told the officer that if he wanted me to move the blazer, he would have to go pee on the downed wire. I told him if he lit up, I would not move the Blazer, but that if he did not light up, I would be happy to move the Blazer. Officer declined the Line Pee Challenge. Lineman for power company arrived about twenty minutes later. When he, lineman, was informed of the line pee challenge, he informed the officer it was a good idea he did not do it, because it was a live line.

 

People in this industry, new, old, tenured, and greenhorn, need an open discussion on when to say when. And it needs to be a serious discussion of when it is acceptable to say, F this, my life is worth more than 27% of this ticket. If PD will not come give me a protected lane, I will not do it.

[ESC]

This is something that I have been very curious about.  We have stopped to help other tow trucks, and especially recently had a few stop to block the lane for our guys.  This has raised a question for me about the liability and all if something goes wrong.  What if our truck is hit out there blocking for someone else??  So far, we have figured that I would worry about that when and if it happens, as our intent is to do the right thing and help to keep another operator safe.  But you know we will be in the law suit over it.  Doing the right thing sure could turn into a nightmare in a hurry.  We are looking more and more into putting a specific traffic control unit into place, but that comes along with a while new set of problems.

[Ed Johnson]

One of the big complaints of tow operators is that drivers will not "SLOW DOWN & MOVE OVER". Tow truck operators should never depend upon approaching motorists to slow or move. This is the primary reason that many states have courses in Traffic Incident Management. TIM is taught free in Virginia by the Department of Transportation. A tow truck is not an effective or safe vehicle for traffic control. A police car is not much better, but the lights on a police car do communicate authority while amber tow truck lights do not communicate anything more than a road maintenance vehicle, a tractor-mower, a dump truck , road construction equipment, or many other vehicles. That is why in incident management, many cities and states have gone to the use of fire trucks or truck mounted attenuators (crash barrier) to protect accident scenes. Fire trucks are parked so they cover two lanes of traffic and at an angle. If a vehicle drives into the accident scene, it will hit the fire truck and the angle of impact will help drive it away from the working scene. An attenuator truck has a collapsible barrier that can be lowered and it is parked directly in the lane that has been closed; if it is struck, the barrier collapses  and absorbs impact. Neither approach is perfect, but they both greatly reduce the risk of serious injury or death.

 

As mentioned, a tow truck's lighting means nothing to approaching traffic and for this reason it should not be used as part of traffic control. In TIM training, tow trucks are supposed to park ahead of the barrier vehicles and off to the side until they are cleared to remove damaged vehicles. Once the hookup has been made, the tow truck is to leave the scene. Incidentally, this is a good moment to remind tow drivers to NEVER get behind a disabled vehicle and push it out of the road. If the average inattentive motorist slams into him, he will probably have both legs cut off or be killed.

[silverhawk]

Never park in the lane of traffic, ever.  I have lined up cones and reflectors to block a travel lane and to try to force traffic to another lane.  If they get hit, it will give you warning that a marginal driver is approaching and may give you time to CYA.  I have also flagged traffic to another lane using proper flags and hand signals.  Really have to consider the immediate circumstances to decide what method to use.

[mooresbp]

Yes TIM training will tell you that tow trucks belong in front of the causalities and not in the back blocking lights from emergency vehicles. We had a police car totaled when he was blocking traffic, for an earlier wreck. Saved 7 or 8 lives (including mine)

[Swisher598]

I dont work for a tow truck company, just an ordinary civilian, but I have a question I would like to know the answer to. I have a 2004 ford f350 with led amber strobe lights cause I plow, and I was wondering if I could partially block a lane for a tow truck picking up a vehicle on the side of the road or highway. I have a 37 inch amber led light bar  that has a "traffic advisory" pattern, which I'm sure everyone knows how that works. I just care about other people's safety and im a HUGE rules person, so im just wondering if im able to either partially block a lane or pull up behind them with the light pattern activated telling cars to move to next lane. If anyone knows the answer I would be much appreciated. Thanks in advanced 

Edited January 16, 2020 by Swisher598

[GRUMPS The Towman]

6 hours ago, Swisher598 said:

I dont work for a tow truck company, just an ordinary civilian, but I have a question I would like to know the answer to. I have a 2004 ford f350 with led amber strobe lights cause I plow, and I was wondering if I could partially block a lane for a tow truck picking up a vehicle on the side of the road or highway. I have a 37 inch amber led light bar  that has a "traffic advisory" pattern, which I'm sure everyone knows how that works. I just care about other people's safety and im a HUGE rules person, so im just wondering if im able to either partially block a lane or pull up behind them with the light pattern activated telling cars to move to next lane. If anyone knows the answer I would be much appreciated. Thanks in advanced 

Most states do not allow us to block a lane with out L.E. authorization, but I personally have set up on the shoulder behind an active scene to alert of the oncoming drivers of the scene ahead. I too am all for safety and if i have time will set up behind anyones scene just to give that extra awareness. competitor or not, I dont want anyone to get hit. and if my truck was to get hit during one of these situations then i will deal with it. An Operator going home to his family at the end of the day is worth way more than my truck is.

[goodmichael]

As an industry standard, this should be a billed service for highway side service. If a number of individuals are doing this as a safety precaution, it should be a compensated part of highway service, either billed as a standard line item or absorbed into the hookup fee just as dropping dollies is. 

[brian991219]

2 hours ago, goodmichael said:

As an industry standard, this should be a billed service for highway side service. If a number of individuals are doing this as a safety precaution, it should be a compensated part of highway service, either billed as a standard line item or absorbed into the hookup fee just as dropping dollies is. 

While I agree this should be a billable service I do have a few concerns with billing at the moment.

 

1) Is the person and the entity they work for authorized to provide temporary traffic control?

2) Are they using the proper equipment, which is not just parking behind someone with lights on. It requires proper lighting and possibly a crash attuenator device.

3) Is the person/entity performing the blocking service part of, or contracted by, the responding firm (tower/road service company) they are blocking for?

4) Is the entity providing the blocking insured for this service and prepared to face the legal ramifications should their blocker vehicle be hit or determined to be the cause of a secondary crash due to improper or unauthorized deployment?

 

Here in Pennsylvania we as towers or road service technicians have limited authority to block a lane of travel or set up temporary traffic control (TTC) on the shoulder of a highway. Really it depends on the area you are in. For example my home County, Pike, leaves it to the tower to provide for their own TTC for any incident whereas neighboring Lackawanna County will provide TTC through either the volunteer fire department or PennDOT (state highway). In other counties, Monroe for example (which borders both Pike and Lackawanna), it is a mixed approach with many towers either subletting TTC to the local volunteer fire department (tower invoices for it then makes a donation to the F.D.) or they provide their own traffic control with properly trained, equipped and insured traffic technicians.

 

The above example highlights the need for a uniform standard, direction if you will, as it shows the vast differences between three different counties within the same geographic region of the same state! Traffic volumes and patterns are very similar so it isn't even a case of one area needs more TTC than the other or needs more intricate (read compliant) controls in place.

[goodmichael]

You are correct Brian, the person providing traffic control should be certified and properly trained. And their should be a charge added to the service, just as a charge for go jacks, dollies, or unlocking a vehicle. I margin in a little extra when I use my cribbing blocks, because eventually I have to replace them. 

My attitude in marketing is parallel to the hot dog and beer vendor at Yankee Stadium. I am not out to sell everyone a hot dog and a beer. Those that want a hot dog and beer will pay a premium to have it now. It will be a quality hot dog and an ice cold beer. The mustard will be perfect, the relish will be fresh. I will not spill beer on you. I will not sell you a hot dog that looks like home made soap. But it will cost a premiun for what I have to offer. I am not looking to put a hot dog and a beer in every hand. Because profit is my best friend.