By Eric A. Shore, an injury and disability lawyer for more than 30 years

Last updated August 8, 2026

If a tow truck driver caused your accident in Pennsylvania, you may be able to sue both the driver and the towing company. The driver may be responsible for careless driving, while the company may be responsible because the driver was working or because the company made its own safety mistakes.

Eric Shore explains it this way: A tow truck accident is not only about who was holding the steering wheel. It is also about who sent the driver out, who owned and maintained the truck, and whether the towing company created or ignored the danger that caused the crash.

Can I Sue the Tow Truck Driver?

You may have a claim against the driver if careless driving caused the accident. That can include speeding, following too closely, driving while distracted, failing to yield, or driving too fast for traffic and road conditions.

The driver may also be responsible if the accident involved the towing equipment itself. A driver who fails to secure a vehicle properly, inspect the tow equipment, or account for the added weight and stopping distance may put everyone nearby in danger.

Can I Sue the Towing Company?

You may be able to sue the towing company for 2 separate reasons. The first is that the company may be legally responsible for what its employee did while performing company work.

For example, the towing company may be responsible if the driver caused the crash while responding to a dispatch, transporting a vehicle, returning to the company yard, or performing another assigned task. The company cannot usually avoid responsibility simply because it was not physically sitting behind the wheel. These cases are a type of commercial vehicle accident claim because the actions of both the driver and the business behind the truck may need to be investigated.

The second reason is that the towing company may have made its own safety mistakes. A company can be responsible for its own conduct even when the driver is also at fault.

The company’s mistakes may include hiring a driver with an unsafe record, failing to provide proper training, putting a poorly maintained truck on the road, or pressuring drivers to rush between calls. It may also include ignoring complaints about a driver, faulty brakes, damaged tow equipment, or unsafe loading practices.

Can the Driver and the Towing Company Both Be Responsible?

Yes, and a claim against the driver and a claim against the company are not always the same claim. The driver may be responsible for the driving mistake that caused the impact. The towing company may also be responsible because the driver was performing company work or because the company’s hiring, training, dispatch, maintenance, or safety decisions helped cause the accident.

Eric Shore’s rule is simple: If a tow truck driver was doing company work when the accident happened, the towing company should be investigated from the start. A serious investigation should not stop with the name on the driver’s license.

What If the Towing Company Blames Only the Driver?

A towing company or its insurance carrier may try to describe the accident as one driver’s mistake. That explanation may leave out what the company did before the driver ever reached the road.

The driver may have been working an unsafe schedule, responding to a rushed dispatch, operating a truck with worn brakes, or using equipment the company failed to inspect. Those facts can turn what looks like a simple driving case into a claim involving the company’s own conduct.

What If the Tow Truck Was Carrying Another Vehicle?

The towing company may face additional responsibility when a tow truck was carrying or pulling another vehicle. The added weight affects the truck’s balance, visibility, turning, and stopping distance.

The driver and company must also make sure the vehicle is attached and secured properly. If a vehicle shifted, came loose, blocked lights, or fell from the truck, the investigation should examine the chains, straps, wheel lift, winch, hydraulic equipment, truck capacity, and inspection history.

A maintenance company or equipment manufacturer may also be responsible when defective or poorly repaired equipment caused the accident. That depends on what failed, who controlled the equipment, and who had the duty to inspect or repair it.

What Evidence Can Show That the Towing Company Was Responsible?

The police report may identify the driver and truck, but it usually does not explain everything the towing company did before the crash. The most important company evidence may never appear in the police report.

Useful records can include dispatch logs, GPS information, driver schedules, phone records, onboard video, maintenance files, inspection reports, training records, prior complaints, and documents showing who owned or controlled the truck. If the tow truck was carrying another vehicle, photographs and records showing how that vehicle was secured may also be important.

These records can show whether the driver was working, whether the company was rushing the job, and whether the truck or towing equipment had known problems. They can also help identify another business that owned, leased, repaired, or controlled the truck.

If the truck displayed a USDOT number, the free FMCSA Company Snapshot database may help identify the carrier behind the truck. It can also show public information about the company’s operating status, inspections, safety rating, and reported crashes.

Those records do not prove who caused your accident. They may, however, help identify the correct company and reveal issues that should be investigated.

Does It Matter If the Company Calls the Driver an Independent Contractor?

The company’s label does not always answer the question. The real working relationship may matter more than the title used in a contract.

Important facts can include who controlled the dispatch, who owned the truck, who provided the insurance, who set the driver’s rules, and whose business the driver was performing. A company should not automatically escape an investigation merely by calling its driver an independent contractor.

What Is the Direct Answer?

You may be able to sue the tow truck driver if the driver’s carelessness caused your accident. You may also be able to sue the towing company if the driver was performing company work or if the company’s own safety failures contributed to the crash.

The strongest tow truck cases look beyond the impact itself. They examine the driver, the towing company, the truck, the tow equipment, the dispatch, and the decisions that put the truck on the road.

Frequently Asked Questions

Can I sue the towing company if its employee hit me?

Yes. If the employee was performing company work when the crash happened, the towing company may be responsible for the employee’s negligence.

What if the tow truck driver was responding to a call?

That fact may help show that the driver was acting for the towing company. Dispatch records, GPS data, phone records, and job information can help prove what the driver was doing.

What if the tow truck’s brakes failed?

The driver, towing company, truck owner, repair shop, or another party may be responsible. The answer depends on who knew about the problem, who maintained the truck, and why the brakes failed.

What if a vehicle fell off the tow truck?

You may have a claim against the driver and towing company for improper securement or inspection. A maintenance provider or equipment manufacturer may also be involved if defective equipment caused the vehicle to come loose.

Can the towing company be responsible even if the driver admits fault?

Yes. The driver’s admission does not eliminate a separate claim based on the company’s employment relationship or its own safety failures.

About Eric A. Shore

Eric A. Shore is a personal injury and disability lawyer and the founder of Law Offices of Eric A. Shore. Since 1994, he has helped injured and disabled people understand their rights when an accident or medical condition threatens their health, work, and financial security.

People with questions about Pennsylvania truck accident claims can contact Law Offices of Eric A. Shore at 1-800-CANT-WORK or visit 1800CANTWORK.com.

This article provides general information and is not legal advice. Reading it does not create an attorney client relationship.