By Randall C. Resch
On January 31, 2008, a motorist requested roadside assistance for a driver’s side rear tire from his motor club provider. Citing that the vehicle was parked in a location too dangerous to perform service, the tower decided to transport the motorist’s car to the next exit and change the tire in a safer location. The tower provided initial instructions to the motorist to be seated within the truck’s cab. According to the tower, the motorist allegedly complied.
As the tower positioned the car on his carrier, the motorist, on his choosing and not seen by the tower, exited the carrier only to be struck by an approaching vehicle. The tower subsequently was blamed for not monitoring the motorist’s whereabouts. The motorist suffered long-term, debilitating injuries requiring 24–hour skilled nursing care for life. A subsequent lawsuit resulted, and he was awarded a high-dollar settlement.
In July 2020, an Ohio tow operator (and roadside motorist) were struck and killed while both loading jet-skis onto a flatbed carrier. Again in September 2017, a Pennsylvania tower and his AAA customer were killed when an intoxicated driver struck and killed them both.
Providing Safety Admonishments
When lawsuits are initiated, it’s commonly asked, “What actions did you, Mr./Ms. Tow Operator take to protect the safety of your roadside customer?” And, when customers or motorists are injured or killed, tow operators must justify whether they provided the customer with specific safety instructions, including where they should be situated or placed. What would your answer be?
Although it’s a difficult process for tow operators to be one hundred percent focused on their work and babysit the motorist too, operator safety becomes increasingly more difficult when motorists accompany their disabled vehicle.
So is there a responsibility to protect roadside customers? “Yes!”
Upon arrival and before service or tow attachment begins, towers are tasked with securing roadside customers or motorists by directing them to a safe location that keeps them out of harm’s way. Choosing a safety location to protect their well-being must be decisive and immediate. Allowing them to wander is never the proper option.
Babysitting 101
In most situations, the motoring public is clueless when it comes to the dangers that exist when their disabled vehicle is parked on the highway’s shoulder.
As stated in California’s Freeway Service Patrol SOP Manual, Chapter 8, Special Relationships, Subsection 1C: “FSP operators shall not place motorists, passengers, or pedestrians in a position of foreseeable danger from either traffic or other potentially hazardous factors after contact has been made.”
The CHP recommends the safest location for roadside customers or motorists is seated in the tow truck’s cab with their seatbelts on. Another recommended process is, if a service is being conducted, the motorist may remain within their vehicle (seatbelts on) while the service is performed. Asking an individual to exit their vehicle, especially on the dangerous traffic side is extremely risky.
For safety’s sake, it’s recommended that customers and motorists are directed to places of safety that include:
-- Never allowing motorists to wander
-- Remaining inside their vehicle with seatbelt’s on
-- Seated in the tow truck’s cab; seatbelts on
-- Up the embankment
--Behind the guardrail if physically capable to do so
-- Forward of the parked tow truck
For additional safety measures:
-- Never stand between vehicles
-- Don’t stand behind vehicles being winched onto a carrier’s deck
-- Never allow motorists to assist in traffic side service
-- Provide appropriate safety instructions
-- Keep a mindful watch of their locations
Consider No Riders
When the Covid pandemic began, tow companies were not allowed to mingle or transport customers and motorists in tow and transport scenarios. Due to protecting the safety of the tow operator, customers and motorists were advised to find their mode of transportation and were not allowed to “ride along.” At the time, there were few exceptions based on a “situational basis” where no customer or motorist was left behind on high-speed highways.
When towers take on riders, the risk of injury is elevated should the tow truck be involved in a driver caused crash, the customer has a slip and fall incident entering or exiting the tow truck, the customer has a medical injury while being transported, or the customer can’t pay and they’re left behind.
It's important for tow owners to consider what risks they’re likely faced with and decide to transport or require customers and motorists to arrange their own transportation. And, to that point, never request a taxi respond on the highway to pick up your roadside motorist as taxi companies aren’t trained in on-highway response. Don’t accept liability in making a taxi company your “agent.”
Having considered what lessons learned become your company’s best practices, be sure your company is sufficiently insured to best cover an unfortunate incident where a customer or motorist is injured or killed. Because of the responsibilities involved in protecting roadside customers, this is an important topic to be covered in monthly safety meetings.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 27-years, he has contributed more than 700-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. He was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
Email Randy at rreschran@gmail.com.
By Brian J. Riker
