Published: Wednesday, June 11, 2025
By Randall C. Resch
Sometimes tow truck scenarios go horribly wrong. Due to one operator’s wrongful (and illegal) actions, while in process of an active impound, a vehicle’s owner was fatally killed by a wrecker aggressively departing a complex.
As a consultant for this case, I worked many billable hours in which I reviewed law enforcement investigations, depositions, medical reports, witness statements, and other case documents.
In my usual manner, I kept detailed accounting of time and involvement. As consultant to these kinds of cases, I maintain professionalism, subsequently conveyed in a final, 24-page, 10,000-word, written opinion.
Note: Preparing a 10,000-word statement that encompasses comparisons and rebuttal facts (in exact order) something that makes sense to the case, is no simple process.
Setting the Stage
In preparing this type of work, beyond any initial pre-qualifying conversations with case attorneys, I submitted my résumé and rate sheet. To be selected as a subject matter witness or consultant, the work must ultimately be approved by the insurance carrier overseeing the claim.
My “Letter of Agreement” was approved and signed, confirming that I was officially hired to participate. However, due to the on-again, off-again communication with the attorney firm involved, the case ultimately settled out of court — as such cases often do.
After the case settled out of court, the attorney lightheartedly encouraged me to submit a final invoice for my time and effort. Acting in good faith, I billed just under $10,000 for the total number of hours worked.
Fast forward a month awaiting no response from the case attorney, I re-submitted the bill asking for confirmation. Days passed, no response. Taking this lack of response as a red flag, I called the attorney directly.
Through his fumbling words and plentiful excuses, he advised the invoice was forwarded to the insurance carrier and I should expect a call from the carrier. Another red flag!
Enter the Defensive
Several days passed. While I was in my office at work, I received a call from the insurance representative — let’s call him Reggie Ripoff. Reggie began the conversation by saying, “Your fee is waaaay too high,” insisting I was out of line with what other consultants charged, and that there was “no waaaay” he’d authorize payment.
In one fell swoop, he offered me “fifty percent of the total.” Remaining my usual calm self, I engaged in what became a mildly heated conversation. Reggie stated, “It’s my job to negotiate invoices down,” in a tone that was nothing short of accusatory. His condescending manner continued as he added, “I deal with tow truck companies all the time, and this bill is just like the others.”
Note: I’m not a tow truck company!
Know that I’m a junkyard dog when it comes to being ripped off and accused of something I’m not guilty of. I ceased further discussion with him and sent a barrage of formal letters to the case attorney, the attorney group partners, including one directed to the insurance carrier and Mr. Ripoff.
The letter’s contents made it clear I was prepared to sue all named parties. I dropped names like “Dear Insurance Commissioner,” the State Bar Association, the Legal Regulatory Board, Yelp — even my mom and wife, if I had to! I stated plainly that I was ready to sue for the full amount (and more), including travel expenses, noting that my hourly rate was $350.
Read Em’ and Weep
And, wouldn’t you know it, the firm’s partner messaged me immediately that she would review my complaint and get back to me in a few days. Nearly a week later, the original case attorney emailed me stating, “You’ll have a check in the full amount in a week.” Six days later, a certified envelope arrived with payment in-full.
The message of this story is simple: when you’ve done the work and your documentation is solid — right down to the final defining details — make your presence known. One thing’s for certain: like you, I don’t work for free. And I get incensed when someone tries to hoodwink me, especially after they’ve signed my Consultation Service Agreement.
Don’t let the insurance industry dictate the total amount of your invoices. Yes, there’s a reality that unscrupulous towers gouge, cheat, pad and over price services not actually conducted. But many more towers are professional and ethical demanding they are paid for work conducted and carefully documented.
If you haven’t attended Bob and Eric Fouquette’s Recovery Billing Unlimited seminars at any of American Towman’s Tow Shows, do yourself a favor and make it a priority. Their sessions are packed with practical, informative guidance. You’ll learn the proper tools for submitting well-prepared invoices to insurance companies and claim agents — and most importantly, how to get paid for the work you honestly do.
A reminder: if you're the kind of company submitting dishonest invoices with trumped-up fees, you deserve to be prosecuted to the fullest extent of the law — that’s insurance fraud, and it should land you in jail. Tow and recovery work isn’t cheap. When the insurance industry finally acknowledges that fact, perhaps they’ll stop playing games and start paying reasonable rates for honest work — not reacting only to inflated, questionable invoices.
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 55-years, he has been involved in the towing and recovery industry. In 29-years, he has contributed more than 760-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, 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.
Published: Wednesday, June 04, 2025
By Brian J. Riker
As Memorial Day passes and we transition into the summer months, both literally and figuratively, towers need to be prepared for above average temperatures across most of the United States. The National Weather Service Climate Prediction Center has released their summer 2025 outlook and it shows the probability of above average temperatures is likely, with much of the nation at 60-70% probability for above average temperatures. There are also above average chances of extra rainfall, especially in the eastern United States which means the chances of some serious storms is increased.
Towers, and all employers, have a duty to protect their workers from environmental exposure, including heat related illnesses. This is so important to the Occupational Safety and Health Administration (OSHA) that an employer’s heat illness prevention plan is literally the first document they will typically ask for during an investigation, even when heat illness is not likely to be a contributory factor.
An informal public hearing on OSHA’s Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule is scheduled to be held virtually and begin on June 16, 2025. On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. The ultimate goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.
Even absent such a requirement, employers that have workers exposed to extreme climates need to provide protection and training on recognizing such hazards. Heat stroke and heat exhaustion are very real possibilities. These conditions occur when the body loses the ability to regulate its internal temperature and can happen even in relatively mild conditions, with a heat index of just 91⁰F, or lower, if you are in new area and not yet adjusted to the climate -such as when vacationing.
Now is also a great time to assess the health of your truck. Pay particular attention to the tires, as the temperature difference will cause inflation to change and require adjustment. Inspect the cooling system, giving the radiator fins a good spring cleaning and make sure you have extra water onboard. Not just water for the cooling system, but also drinking water to keep yourself, and your customers, hydrated. A broke down truck is not only embarrassing, it can be downright dangerous if it happens along a dangerous route or exposes you, or your customers, to elevated heat risks.
Summer means longer days, warmer weather and perhaps some well deserved recreation. With this change in the seasons we must not lose focus on safety, ours as well as that of the general public. Enjoy some time off, but please stay safe since tragedy doesn’t stop just because you are on vacation.
Published: Wednesday, May 28, 2025
By Randall C. Resch
Although there’s huge industry emphasis on working away from approaching traffic, towers continue to put themselves in harm’s way. The message is there, but towers continue to ignore it.
This all too well-known tragedy repeated itself … again. And in the mindset of another operator’s passing, the tow community’s outpouring of sadness and anger extends fault to blame law enforcement for not enforcing SDMO.
There’s no accurate accounting of operator fatalities by the industry and law enforcement. I estimate as many as 737-operators have been killed working on-highway events dating to 1928. Pedestrian strikes (against towers) is a known fact always in the industry’s forefront. Equally true are media segments confirming these occurrences.
In April 2025, a south Florida tow owner/operator responded to tow a vehicle situated on a highway’s shoulder. While preparing said vehicle, he was struck by a motorist who failed to slow down and move over. Several articles stated: “He was operating outside the tow truck when struck.”
This begs the question: Was the tower working the traffic side?
Missing the Message
When working freeway events, actions must be quick, decisive and accurate. Anything less than that may result in deadly consequences. In Florida’s fatality, in a “petition for change,” opening words stated: “He did everything right. But it wasn’t enough. Every six days in America, a tow truck operator is killed while helping others.” Had he not been exposed to the traffic side, would he not have been struck?
The phrase “Every six days in America” is factually inaccurate and undermines the professionalism and credibility of our industry. I’m perplexed by the simple fact that the towing community often blames the motoring public for failing to Slow Down and Move Over, while disregarding the actions of towers themselves. This is a well-known issue within our own ranks.
I’m stunned by many towers who don’t practice on-scene awareness when working on-highway events. It’s they who work directly in harm’s way. This is “head in-the-sand” mentality!
Call these words harsh, but they’re a reoccurring reminder that towers haven’t changed on-scene processes and techniques to place them away from the dangers of approaching traffic.
Newly initiated was a petitioner’s signature campaign, hoping for increased enforcement and penalties against motorists violating SDMO. In the comment pages, an anonymous tower submitted comments displaying questionable mentality towards on-scene safety.
In his words, the commenting tower stated: “I’ve been hit on the shoulder twice on the side of the road, and I’ve gotten hit with about five-mirrors.” Personally, I’m mortified by these comments as they bring several thoughts to mind:
- Are towers oblivious to on-highway dangers?
- Do they (likely) never attend a National TIM course?
- Do they not know the non-traffic side is the safer side?
- Is on-highway training conducted where they work?
The “Root Cause” Is?
To reduce the risk of a deadly pedestrian strike, there’s an important and often overlooked truth that towers need to fully grasp. Let’s explore this reality by considering three key points.
- Other than existing laws for Freeway Service Patrol (FSP) operators, or, Motorist Assist Operators (MAP) training requirements, there are no federal or state laws mandating required on-highway training for the average operator and technician providing on-highway services
- Existing vehicle code laws require the application of complete four-point tie-down for carriers, ratchets and straps for wheel lifts and dollies, safety chains to towed vehicles, and extension lights in place. These code requirements place tow operators directly in harm’s way
- Many laws have been on-the-books for decades. Accordingly, state tow truck associations have done little to nothing to lobby “change,” “amendment,” or “exemption,” to existing laws allowing for a “partial, safety hookup process.” Nothing exists for on-highway towers to apply minimal safety restraint to non-traffic sides of rescued vehicles to get off the highway or to safer locations
Lobby for Change
When interpreting vehicle code laws specific to operator safety, there’s no written word requiring tow operators to position themselves directly in harm’s way. I find no narrative mandating that tow operators shall get themselves killed in the service of others.
Since the invent of GPS, cellphones, iPods, and those technical advances delivered to mobile entertainment, distracted driving is the monstrous catalyst leading to operator deaths. And although SDMO has been around for twenty-something years, motorists continue to maim and kill operators serving the highways.
When another preventable incident takes a tow worker’s life, I examine what root causes or associated factors led to the tower’s death. Nowhere in this narrative will you hear me refer to “Accident.” Why not? Accidents are preventable!
When towers knowingly place themselves on the traffic side, stand in active lanes, or stand between vehicles, the reality of fatal strike increases immensely. So why doesn’t common sense prevail?
Towers, why not reevaluate your on-highway response by taking necessary steps and not place yourselves in harm’s way. Changing tires for free, or for chump change is nothing less than risking a straight line into a pine box. Yes, there are other options and solutions beyond intentionally facing a deadly scenario.
I’d like to believe that we, as towers, work smart and make a conscious effort to position ourselves out of harm’s way. Suggesting that a tower is killed every six days makes our industry appear ignorant of the lessons we’ve learned. Am I wrong?
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 55-years, he has been involved in the towing and recovery industry. In 29-years, he has contributed more than 760-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, 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.
