Madison Tow Truck Accident Lawyer

Tow trucks spend much of their working life in risky places: the shoulder of a busy highway, a ditch after a winter slide-off, an intersection where a crash just happened. When a tow operator makes a mistake, or when a towed vehicle breaks loose, the people nearby can be seriously hurt. Hoy Law represents injured people across South Dakota, and anyone looking for a Madison tow truck accident lawyer should know that these cases involve commercial insurance, company practices, and sometimes federal safety rules that ordinary car crash claims do not.

Tow trucks range from light-duty wreckers to heavy rotators built to recover semi-trucks. Their weight, the loads they carry, and the conditions they work in all raise the stakes when something goes wrong. A rollback that loses a car on U.S. Highway 81, a wrecker that pulls onto SD Highway 34 without enough room, or a heavy tow unit that cannot stop in time on an icy road can change lives in seconds.

Hoy Law is a Sioux Falls personal injury firm representing people hurt in truck, car, and motorcycle accidents across South Dakota. Focused on plaintiff injury work since 1991, its trial lawyers bring over 150 years of combined experience, and its attorneys include the only board-certified trucking accident lawyers in South Dakota. Hoy Law is located at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108 and can be reached by phone at (605) 334-8900.

What Sets Hoy Law Apart in Commercial Vehicle Accident Cases

Morgan Adams and Danny Ellis are board certified in Truck Accident Law by the National Board of Trial Advocacy. That depth of commercial vehicle experience carries over to tow truck cases, where questions about driver training, equipment, maintenance, and company policy often decide who is responsible. Heavier tow trucks operating in interstate commerce can be subject to Federal Motor Carrier Safety Administration rules, including driver qualification standards, hours of service limits, and inspection and maintenance requirements. When those rules apply, a violation can be strong evidence of negligence.

Tow companies and their insurers often respond quickly after a serious crash. We move just as quickly to request that the company preserve its records, including dispatch logs, driver files, maintenance records, and any video or electronic data from the truck.

Common Causes and Claim Types in Lake County Tow Truck Collisions

Tow truck crashes happen in many ways. Some of the most common include:

• Improperly secured vehicles or equipment that shift or break free during transport
• Tow trucks pulling into traffic from a shoulder or ditch without adequate warning
• Overloaded or poorly balanced loads that make the truck harder to steer and stop
• Worn brakes, failed lighting, or damaged winches and chains
• Fatigued drivers working long hours, especially during storms and holiday travel
• Speeding to reach a crash scene before a competitor or to clear a call quickly
• Distraction from radios, phones, and dispatch communications

People hurt in these crashes include other drivers, passengers, pedestrians, people whose vehicles are being towed, and other roadside workers. Injuries can be severe, from fractures and spinal injuries to traumatic brain injuries.

What to Do After a Tow Truck Accident in the Madison Area

• Call 911 and get medical care for anyone who is hurt
• Photograph the tow truck, including the company name, truck number, and any DOT number on the door
• Photograph the towed vehicle, chains, straps, and debris if any came loose
• Get the driver’s name, company, and insurance information
• Collect witness contact information
• See a doctor promptly and keep all records
• Avoid recorded statements to the tow company’s insurer until you speak with a lawyer

Liability and Insurance in Tow Truck Accident Claims

Several parties may share responsibility for a tow truck crash. The driver is responsible for operating the truck safely. The tow company may be responsible for the driver’s conduct while working, and separately for negligent hiring, training, or maintenance. Equipment manufacturers may be involved if a defective part failed. Sometimes another motorist caused the crash.

South Dakota’s Move Over law also plays a role on the roadside. Since July 1, 2025, it applies to vehicles on the shoulder using amber, yellow, or blue warning lights, which can include tow trucks. Approaching drivers must move to the farthest lane on multi-lane highways, or on two-lane highways slow to at least 20 miles per hour below the posted limit. When a motorist ignores that duty and causes a crash at a tow scene, that violation can be important evidence.

South Dakota follows contributory negligence under SDCL 20-9-2. If an injured person’s negligence was slight in comparison with the defendant’s, the injured person can still recover, with damages reduced in proportion to that negligence. If it was more than slight, recovery is barred. Tow companies sometimes try to blame the person they were helping or another driver on scene, so careful investigation matters.

When the Person Being Helped Gets Hurt

Some tow truck injuries happen to the very people the tow operator came to help. A driver whose car slid into a ditch on a winter night may be standing near the road when a load shifts, a cable snaps, or the tow truck backs up without a spotter. A passenger may be told to ride in the cab of the tow truck and then be hurt when the operator drives carelessly. A vehicle owner may be injured while helping hook up a car because the operator asked for help instead of following safe procedures.

Tow operators are expected to control the scene, use their equipment safely, and keep bystanders at a safe distance. When they fall short, the operator and the tow company may be responsible for the injuries that result. These cases often turn on details such as where people were told to stand, whether warning lights and cones were used, and whether the equipment was in good working order.

Evidence from these scenes can disappear quickly once the vehicles are cleared. Photographs, the names of everyone present, and any video from nearby vehicles or businesses can be important. If you were hurt during a tow, get medical care first, then write down everything you remember about what the operator said and did.

Questions About Tow Truck Accident Claims in Madison

How is a tow truck accident different from a regular car accident claim?

Tow trucks are commercial vehicles operated by businesses, often with higher insurance limits and company policies that can be relevant evidence. Heavier trucks may also be subject to federal safety rules. These differences change the investigation and often the value of the claim.

What injuries are common in tow truck collisions?

Because of the weight involved, injuries are often serious. Fractures, head and brain injuries, back and neck injuries, internal injuries, and injuries from being struck by a loose vehicle or debris are all common.

Can I make a claim if I was hit by a vehicle or debris that came loose from a tow truck?

Yes. Securing a load is the tow operator’s responsibility. If a towed vehicle, chain, or part came loose and caused a crash, the operator and the tow company may be responsible.

What if the crash happened on a highway shoulder or in a work zone?

Roadside crashes raise questions about warning lights, positioning, traffic control, and whether passing drivers followed the Move Over law. Each of those facts can affect who is responsible.

What if the tow truck driver was a subcontractor?

Some tow companies use contracted drivers or rotate calls among several businesses. That can complicate who is responsible, but it does not end the claim. We investigate the relationships between the driver, the truck owner, and any company that dispatched the call.

Is there a time limit for filing a tow truck accident lawsuit in South Dakota?

Yes. For an adult, the statute of limitations for a personal injury claim in South Dakota is generally three years from the date of the injury. Deadlines can differ for children. If a city, county, or state vehicle was involved, written notice to the public entity is generally required within 180 days. Wrongful death claims are generally due within three years of the date of death.

What compensation can I seek after a tow truck accident?

Damages can include medical bills, future care, lost income, reduced earning capacity, pain and suffering, and property damage. The value of any claim depends on the injuries, the evidence, and the available insurance.

What if the tow truck was responding to a call when the crash happened?

Being on a call does not excuse unsafe driving. A tow operator still has to follow traffic laws and drive with reasonable care for the conditions.

Can the tow company claim the driver alone was at fault?

The company may try. In South Dakota, an employer can be responsible for an employee’s negligence on the job, and a company can also be responsible for its own failures in hiring, training, supervision, or maintenance.

Should I accept a quick settlement offer from the tow company’s insurer?

Early offers are often made before the full extent of injuries is known. Once you accept a settlement, you typically cannot reopen the claim. It is wise to talk with a lawyer before signing anything.

Serving Madison and the Surrounding Lake County Area

Madison is the county seat of Lake County and the home of Dakota State University. It lies between Lake Herman and Lake Madison, northwest of Sioux Falls, and is served by U.S. Highway 81, SD Highway 34, and SD Highway 19. Hoy Law represents people injured in Madison and surrounding communities including Chester, Wentworth, Ramona, Nunda, Rutland, Winfred, Arlington, Howard, Salem, Colman, Brookings, Dell Rapids, and Sioux Falls. Lake County cases are filed in South Dakota’s Third Judicial Circuit, and we represent injured people throughout the state.

Talk to a Madison Tow Truck Accident Attorney About Your Case

If you or a loved one was hurt in a crash involving a tow truck near Madison, Hoy Law can review the facts and explain your options. Call (605) 334-8900 for a free consultation. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Our office is at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108.