Key Takeaways: What Every Wrecker Accident Victim Should Know
- Wrecker liability often extends beyond the driver. If the driver works for a towing company, repair shop, or service station, that employer can be held vicariously liable for the driver’s negligent actions on the job.
- Wrecker drivers are held to a higher standard of care. As common carriers, wrecker operators must meet stricter safety obligations than an ordinary driver, which can work in your favor when proving negligence.
- County and state regulations can help prove your case. Harris County’s Wrecker Ordinance and Texas Administrative Code set specific rules for permitting, parking, signage, and insurance minimums—violations of these rules are strong evidence of negligence.
- Insurance coverage varies by wrecker type and use. Intrastate wreckers must carry between $300,000 and $500,000 in liability coverage depending on the tow, while interstate wreckers must carry at least $750,000.
- Hiring Simmons & Fletcher gets you an experienced legal team that knows the tricks trucking and towing insurers use to deny or devalue claims, with no attorney’s fees unless you win.
Do I Need a Lawyer After I Was Hit by a Wrecker Truck in Houston, Texas?
Yes. We have all seen wreckers running hot, lights flashing as they race at excessive speeds, weaving in and out of traffic to be first to the scene of an accident. The very business model of being a wrecker driver encourages speeding and reckless driving to get there first. Then, there’s the traffic jam that follows as numerous wrecker drivers pour onto an accident scene and potentially create new driving hazards for unaware approaching motorists. Wrecker companies and their insurers know serious accidents are going to happen, and they are prepared to defend them. If you have been in a crash with a wrecker, give us a call to speak to a wrecker accident attorney and discuss your legal options. (713) 932-0777.
Why Hire Simmons and Fletcher?
Simmons and Fletcher, P.C., has fought the trucking companies and insurance companies on behalf of injury victims since 1979. We know their tricks and tactics.
More to know:
- Managing Partner Paul H. Cannon is Board Certified in Personal Injury Trial Law–only 3% off Texas lawyers meet this qualification.
- All three partners at Simmons and Fletcher, P.C., were named to the 2025 and 2026 Super Lawyers List by Thomson Reuters Legal Publishing.
- Our three attorneys have over 80 years of combined legal experience, 100% in personal injury & accident law.
- The consultation is free, and we charge no fees and no expenses unless we recover money for you.
What Our Clients Say
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
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I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
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This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
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I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
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This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
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I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
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What Should I Do After a Wrecker Accident?
If you are in an accident with a wrecker, you should:
- Assess any injuries.
- If you can do so safely, move out of the moving lanes of traffic.
- Call 911 and report the accident, request police assistance, and request an ambulance if required.
- Write down any eyewitness information you can gather.
- Take photos of the vehicles and the scene if you can do so safely.
- Note the identifying information that wrecker drivers must legally display on the side of their vehicle. This includes the permit holder’s name, the permit holder’s publicly listed phone number, the permit holder’s city and state, and the permit number for the wrecker.
Being in an accident with a wrecker can be very frightening. It’s easy to forget important steps. Try to remain calm. Once the police arrive, you can obtain an incident report number from the investigating officer. After you have attended to your medical needs and are in a stable situation, contact our wrecker accident attorneys for a free consultation.
Who is Liable for a Wrecker Accident?
When a wrecker accident is caused by a wrecker driver’s negligence, the wrecker driver and his employer may be liable. Some wrecker drivers work for themselves, while others work for a towing and storage company, a repair shop, or even a service station. If the wrecker driver works for a company, that company is vicariously liable for his negligent actions while acting in the course and scope of his work. Additionally, as a common carrier, he is held to a higher standard of care than an ordinary person.
What are the Common Causes of Wrecker Accidents?
Here are some of the most common causes of wrecker accidents:
- wreckers speeding or driving recklessly to get there first
- drowsy driving due to working excessive hours
- parking in a place that is not safe or impedes traffic
- failure to use proper warning signage
- failure to secure the tow properly
- other motorists not paying attention and/or operating their vehicles under the influence of alcohol or drugs.
In addition to the above, common causes of accidents, such as a simple unsafe lane change or failure to check a blind spot, can result in a wrecker accident.
Types of Wreckers
Although there is some variation, there are five basic types of wreckers. The five types are:
- Hook and Chain Wrecker. – This is the common 1-ton wrecker with a wench that uses chains with a hook to tow vehicles and other things. The chains can scrape up a paint job if the wrecker driver is not careful.
- Wheel-Lift Wrecker. This wrecker is similar to the hook-and-chain wrecker, but the chains fasten to a device that looks like a yoke, slides under the car, and fastens underneath. The front end of the car is then lifted off the ground for towing.
- Flatbed Wrecker. A flatbed wrecker is very good for cars. It has a flatbed and ramps that can be lowered so a hydraulic cylinder can pull the vehicle up the ramp and onto the wrecker bed.
- Rollback Wrecker. A rollback wrecker has the same basic design as a flatbed wrecker, except the bed moves back and then tilts so that the rear end lowers to the ground for loading the vehicle. The wrecker bed becomes the ramp.
- Heavy-Duty Wreckers. Heavy-duty wreckers (integrated wreckers) tow large commercial motor vehicles such as buses or 18-wheeler cabs. They are sturdier than typical wreckers and have an extra axle for support.
Each type of wrecker operates differently and carries its own risks. The driver needs to be familiar with the one assigned to them.
Harris County Wrecker Regulations
County regulations can help prove negligence on the part of the wrecker driver. Harris County has its own set of requirements for wrecker operators that accept tows from law enforcement. This is separate from the State’s rules and regulations. All drivers accepting tows in response to law enforcement calls must have a valid permit issued by Harris County and a Chip. Harris County Towing Ordinance Section II(A)(1). They must also comply with several ordinances aimed at preventing accidents and injuries caused by negligent operation. Some of these include:
- Wrecker drivers cannot have unlicensed weapons, drugs, or alcohol while operating a wrecker. Harris County Tow Truck Ordinance (HCTTO) Section II(H)(5).
- Except in an emergency or at the direction of a Law Enforcement Officer, a Tow Operator shall park the wrecker at least 100 feet from a Law Enforcement Scene. HCTTO Section IV(B)(1).
- A wrecker operator may only use beacon lights as directed by state law. HCTTO Section IV(B)(1).
- The tow operator shall park the wrecker on the same side of the road as the damaged Motor Vehicle. HCTTO Section IV(B)(2)
These regulations are very useful in establishing negligence in a wrecker collision case in Harris County. Often, other counties will have similar Ordinances that can be used to prove liability in your case.
Interstate Wreckers
Wreckers are generally intrastate vs. interstate motor carriers. This means they typically do not do business across state lines. However, the heavy wreckers are sometimes interstate motor carriers because they may have to travel across state lines to retrieve 18-wheelers. If the wrecker in question is involved in interstate trucking, they must maintain a minimum of $750,000 in insurance.
Texas Intrastate Wreckers
If the wrecker you are in a collision with is only involved in intrastate trucking, both state and local county (and in some cases city) ordinances may apply. Under the Texas Administrative Code Section 86.400(d), wreckers are treated differently based on whether they are engaged in “incident management towing.” Incident management refers to vehicles being towed from public streets at the permission or request of law enforcement rather than private for-hire towing.
If the wrecker is conducting a tow under “incident management towing,” then the wrecker must maintain a minimum of $500,000.00 per incident in liability insurance. If not, then it must carry a minimum of $300,000.00 in liability insurance coverage per incident. Additionally, it must carry $50,000 in additional coverage to protect the cargo. See 16 Texas Administrative Code 86.400(d).
Harris County Wrecker Requirements
Harris County sets the same minimum insurance requirements for each wrecker for towers that accept tows from law enforcement. These requirements are as follows: a. A minimum of $500,000 liability insurance per wrecker per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo) per occurrence, or both. b. HCTTO Section II(H)(5).
What Can a Wrecker Accident Lawyer Do for Me?
A wrecker accident lawyer can investigate the vehicle’s driving and licensing history to determine which insurance regulations apply. He can take action to preserve the wrecker and any potential evidence that may be necessary to prove your case. Furthermore, having a lawyer on your side after a wrecker accident means you get legal advice pertaining to obtaining medical care and presenting a claim, and you get a lawyer advocating your rights and claims against the wrecker company, who understands the tricks the risk management adjuster for the company might use to try to devalue or deny your claim.
Speak to a Wrecker Accident Attorney
If you have been injured due to a collision caused by a wrecker, whether the wrecker driver was speeding to get to an accident, parked in an unsafe place, or just not paying attention, you need to talk to a skilled truck accident attorney you can trust. Call Simmons and Fletcher, P.C. at (713) 932-0777 today. Our lawyers have experience with wrecker accidents. The consultation is free, and we charge no attorney’s fees or expenses unless we recover in your case.
FAQ's
How much insurance do intrastate wreckers carry?
In order to be permitted in Texas, a wrecker must carry $500,000 in liability insurance to be permitted to remove disabled vehicles from public roads and $300,000 to haul private loads or consensual towing only.
How much insurance to interstate wreckers carry?
Interstate wreckers with a GVWR or GCWR of 10,000 pounds or more are required to carry $750,000 in liability insurance.
