Tow Truck Driver Car Accident in Pennsylvania: Your Rights After a Roadside Injury

By Attorney Michael Cardamone | May 2026 | 6 min read

Tow truck operators have one of the most dangerous jobs on the road. You're working on highway shoulders, in breakdown lanes, at accident scenes - often just feet away from traffic moving at high speed. When a distracted or impaired driver doesn't move over, the consequences are devastating.

60+

Tow truck operators killed on U.S. roadways each year

If you've been injured in a vehicle-related accident while working as a tow truck driver in Pennsylvania, you have legal rights - and likely multiple paths to compensation.

Why Tow Truck Work Is So Dangerous

The risks you face every day include:

Struck-by accidents - Drivers failing to move over or slow down
Secondary crashes - Getting hit at an existing accident scene
Backing accidents - Being struck while positioning your truck
Equipment failures - Winch, lift, or cable injuries
Driving accidents - Crashes while transporting vehicles

Pennsylvania's "Move Over" Law: Drivers must move over or slow down for tow trucks with flashing lights. When they don't, they can be held liable for any resulting injuries.

Workers' Compensation for Tow Operators

If you're employed by a towing company, you're covered by Pennsylvania workers' compensation. Benefits include:

Medical coverage - All treatment related to your injury
Wage loss - Up to 2/3 of your average weekly wage if you can't work
Specific loss benefits - Compensation for permanent injuries
Death benefits - For surviving family members in fatal accidents

What If You're an Independent Contractor?

Many tow truck drivers are classified as independent contractors. This matters because:

Independent contractors typically don't have workers' comp coverage
However, you can still sue an at-fault driver who injured you
Many drivers are misclassified - you might actually be entitled to employee benefits

If your "employer" controls when you work, how you work, and provides your equipment, you may legally be an employee regardless of what they call you.

Third-Party Lawsuits: Beyond Workers' Comp

When another driver causes your accident, you can pursue a third-party personal injury claim. This is separate from workers' comp and can include:

Full lost wages (not just 2/3)
Pain and suffering
Future medical expenses
Loss of earning capacity
Punitive damages (in cases of drunk or reckless driving)

Example: A tow operator is hit by a drunk driver while loading a vehicle on I-76. He can collect workers' comp from his employer AND sue the drunk driver for additional damages including pain and suffering.

Injured While Working as a Tow Operator?

We understand the unique dangers you face on the road. Let us fight for the full compensation you deserve - from both workers' comp and any at-fault drivers.

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Common Tow Truck Accident Scenarios

Struck While Working Roadside

The most dangerous scenario. You're hooking up a disabled vehicle on a highway shoulder when a car or truck fails to move over and strikes you. These cases often involve severe injuries and clear driver liability.

Hit at an Accident Scene

You arrive to tow a crashed vehicle and get struck by another car rubbernecking or losing control. Multiple parties may share liability.

Crashes While Driving the Tow Truck

Whether you're en route to a call, transporting a vehicle, or heading back to the yard, any car accident while working is covered by workers' comp - and potentially a third-party claim if another driver was at fault.

Equipment-Related Injuries

Winch failures, cable snaps, or lift malfunctions that cause injury may give rise to product liability claims against the equipment manufacturer.

What To Do After a Tow Truck Accident

Get medical attention - Your health comes first
Report to your employer - Required for workers' comp
Document everything - Photos, witness info, police report
Note the other driver's info - License, insurance, plate number
Contact an attorney - Before giving statements to any insurance company

Frequently Asked Questions

Are tow truck drivers covered by workers' comp in PA?

Yes. Tow truck drivers employed by towing companies are covered by workers' compensation for injuries sustained on the job, including being hit by traffic while working roadside.

Can a tow truck driver sue a driver who hit them?

Yes. If a passing motorist, distracted driver, or drunk driver struck you while you were working, you can file a third-party lawsuit against them in addition to collecting workers' comp benefits.

What if I'm an independent tow operator?

Independent contractors aren't automatically covered by workers' comp. However, you can still sue at-fault drivers, and you may be misclassified as a contractor when you should be an employee.

Does Pennsylvania's Move Over law help my case?

Yes. If a driver violated the Move Over law by failing to move over or slow down for your flashing lights, that's evidence of negligence that strengthens your case against them.

What if my employer doesn't have workers' comp insurance?

If your employer illegally operates without workers' comp insurance, you can sue them directly for your injuries AND file a claim with Pennsylvania's Uninsured Employers Guaranty Fund.

Why Tow Truck Cases Need Specialized Help

These cases can be complex because:

Multiple potential defendants (driver, their employer, equipment makers)
Independent contractor classification disputes
Coordination between workers' comp and third-party claims
Technical evidence about the accident scene

An experienced work injury attorney understands both the legal complexities and the unique risks tow operators face every day.

Free Consultation for Tow Truck Operators

We've helped injured tow truck drivers across Pennsylvania. Call us or fill out the form for a free evaluation of your case.