Abogados de Accidentes de California • Car Accident Lawyers of California
Expert legal representation — McFarland, California
Free Consultation: Call 661-383-9387 today. No fee unless we win. Hablamos Español: 661-669-7362
On This Page
1. Tow Truck Accidents Attorney Serving McFarland
Tow truck accidents can be especially dangerous due to the size and weight of these vehicles, the equipment they carry, and the hazardous conditions in which they often operate on freeway shoulders and busy highways.
In McFarland, a small agricultural community along Highway 99 north of Bakersfield, tow truck accidents are a constant reality. With a population of approximately 16,000 and traffic on Highway 99, Perkins Avenue, conditions are ripe for serious accidents that can change lives forever.
At Car Accident Lawyers of California, Attorney Paula J. Khehra, Esq. has over 10 years of experience handling tow truck accidents cases in McFarland and throughout Kern County. Our firm has recovered over $100 million for accident victims. With a perfect 10.0 Avvo rating and recognized as a Super Lawyers Rising Star for 10 consecutive years (2017–2026), your case is in the best hands.
Beyond tow truck accidents, we represent victims of car accidents, semi-truck accidents, freeway accidents, motorcycle accidents, and pedestrian accidents in McFarland.
2. Why Choose a Local Attorney in McFarland?
Our attorneys know the roads, intersections, and traffic patterns in McFarland. We know which stretches of Highway 99, Perkins Avenue are most dangerous, we're familiar with the Highway 99 corridor through town, the agricultural processing facilities, and the McFarland downtown area, and we understand the local factors that contribute to accidents. We also know the Kern County Superior Court and local legal procedures that give your case a strategic advantage that out-of-area firms cannot match.
3. Tow Truck Accidents in McFarland: High-Risk Areas
Tow truck operations on Highway 99 at McFarland are frequent due to the high volume of traffic and accidents. Operators must work on the narrow freeway shoulder with traffic passing at 65+ mph, creating extreme danger. Agricultural vehicle breakdowns on local roads also require tow services.
The areas where tow truck accidents most frequently occur in and around McFarland include the narrow shoulders of Highway 99 between the Sherwood Avenue and Elmo Highway exits where agricultural truck breakdowns generate frequent tow operations, Perkins Avenue in the packing house zones where tow trucks remove damaged vehicles from congested loading areas, the Highway 99 access ramps where minor collisions during peak season keep tow trucks in constant operation, and Sherwood Avenue where the lack of shoulders forces tow operators to partially block the traffic lane during tow operations.
4. California Laws That Apply to Your Case
Understanding the California laws that apply to your tow truck accidents case is crucial to maximizing your compensation:
California Laws That Apply to Tow Truck Accident Cases
CVC §22513 — Tow truck operators must comply with specific California regulations regarding the use of flashing amber lights, proper positioning, and safety procedures when operating on highways.
CVC §22651 — Governs the circumstances under which vehicles may be towed, including towing company responsibilities for securing towed vehicles properly.
CVC §21809 — California's "Move Over" law requires drivers to slow down and, if safe, move over a lane when approaching a tow truck displaying flashing amber lights on the side of a highway.
CVC §27700 — Towed vehicles must be properly secured to prevent them from breaking free during transport, which can cause devastating accidents.
Civil Code §1714 — Tow truck operators owe a duty of care to other motorists and must operate their vehicles safely and maintain their equipment properly.
5. Common Injury Types in Tow Truck Accidents Cases
Victims of tow truck accidents in McFarland frequently suffer serious injuries requiring extensive medical treatment. Common injuries include: Crush injuries from improperly secured towed vehicles, traumatic brain injuries from collisions with stationary tow trucks, spinal cord injuries, severe fractures from high-speed impacts with tow truck equipment, lacerations from tow cables and equipment, burns from vehicle fires at accident scenes, and wrongful death.
6. What to Do After a Tow Truck Accident in McFarland
Seek medical attention immediately — visit nearest emergency care at Delano Regional Medical Center (10 minutes north) right away, even if injuries seem minor. Delayed symptoms are common, especially traumatic brain injuries and soft tissue injuries that may not manifest until hours or days after the accident.
Document everything — photograph the scene, your injuries, road conditions, traffic signs, and any hazardous conditions. Get names and phone numbers from all witnesses.
Report the incident — call 911 to create an official record. A police report is crucial evidence for your claim.
Do not give recorded statements to insurance adjusters without first consulting an attorney. Insurance companies use your own words against you to minimize your compensation.
Contact Car Accident Lawyers of California at 661-383-9387 for a free consultation. We serve McFarland and all surrounding communities. Hablamos Español: 661-669-7362.
7. Compensation Available to McFarland Victims
Tow truck accidents in McFarland involve compensation levels and legal complexity that go beyond a typical car accident. Tow truck companies operate as commercial businesses with commercial insurance policies substantially larger than personal policies, and there are frequently multiple sources of liability that can significantly increase the value of your case.
Employer liability (vicarious liability) — under the doctrine of respondeat superior, the tow truck company is legally liable for the negligent acts of its employees during the course of their work. This means you have a claim not only against the tow truck operator, but directly against the company and its commercial insurance policy, which typically offers much higher coverage limits.
Negligent hiring and supervision — if the company hired an operator without adequately checking their driving record, without providing proper training, or without supervising compliance with safety protocols, the company faces additional liability for independent negligence (negligent hiring, training, and supervision), which can trigger punitive damages.
Medical expenses — emergency treatment, surgeries, physical therapy, medications, medical equipment, and future medical care including lifetime treatments if your injuries are permanent. Collisions with tow trucks frequently cause more severe injuries due to the combined weight and size of the tow vehicle and the vehicle being towed.
Lost wages and future earning capacity — income lost during your recovery and the permanent diminished ability to earn income if your injuries prevent you from returning to your previous occupation.
Unsecured load damages — if your accident was caused by a vehicle detaching from the tow truck, defective towing equipment, or an unsafely loaded tow truck, there are additional claims for negligent load securing and potential claims against the towing equipment manufacturer if a component failed.
"Move Over" law violations — California (CVC §21809) requires drivers to slow down and change lanes when approaching a stopped emergency vehicle or tow truck. If a driver violated this law and injured you while you were near a tow truck, this violation is powerful evidence of negligence per se.
Pain and suffering — physical pain, emotional distress, PTSD, and reduced quality of life. Punitive damages — available when the operator's or company's conduct was particularly negligent or malicious, such as operating under the influence or with a known history of prior accidents.
8. Case Example
9. Frequently Asked Questions: Tow Truck Accidents in McFarland
Can I sue the tow truck company if their driver caused my accident?
Yes. The tow truck company is liable for its drivers' actions under the respondeat superior doctrine. Additionally, the company may have direct liability for hiring an unlicensed driver, failing to conduct background checks, failing to maintain equipment safely, or pressuring the driver to respond quickly without obeying traffic laws. Tow truck companies in California must be licensed by the DMV and comply with specific safety regulations.
What special laws regulate tow trucks and their drivers in California?
California has specific regulations for tow truck operations. The Move Over law (VC §21809) requires drivers to slow down and change lanes when passing stationary tow trucks with flashing lights. Tow truck operators need a Tow Truck Operator Certificate of Competence from the DMV. VC §22658 regulates when and how vehicles can be towed. Violations of these laws by the tow company or other drivers constitute solid evidence of negligence.
What if a vehicle fell off a tow truck and injured me or damaged my car?
The tow truck company has a legal duty to properly secure all towed vehicles. If a vehicle falls off, comes loose, or creates a road hazard, the company and driver are liable. You may have claims for both operator negligence and defective equipment. Document the scene with photos of the fallen vehicle, the tow truck, and road marks.
What insurance do tow truck companies carry in California?
Tow truck companies in California are required to maintain significant liability insurance. Minimum requirements vary by vehicle weight and operation type, but policies are generally $750,000 to $1 million or more. This is important for victims because it means funds are available to cover medical expenses, lost wages, and other damages. Our attorneys identify all applicable insurance policies to maximize your compensation.
What is California's 'Move Over' law?
CVC §21809 requires drivers approaching a tow truck displaying flashing amber warning lights on the side of a highway to move over to an adjacent lane if safe to do so, or slow down to a reasonable and prudent speed. Violation of this law is evidence of negligence if a driver strikes a tow truck or its operator.
What if a tow truck damaged my car during the towing process?
If your own vehicle was damaged during towing — whether from incorrect hookup, dragging with the brake on, or dropping from the lift — you have a right to compensation. The tow company has a duty to handle your vehicle with reasonable care. Document damages with before-and-after photos if possible. File a complaint with the California Bureau of Automotive Repair if the company refuses to pay for damages.
What if I was hit by a tow truck that was speeding to reach an accident scene?
Tow truck operators do not have the same emergency vehicle exemptions as police, fire, or ambulance vehicles. They must obey all traffic laws including speed limits. If a tow truck operator was speeding or driving recklessly to reach a call, they and their employer are fully liable for any accidents they cause.