Cones, Flares, Triangles: Are You Protected?

By Randall Resch It’s time for tow operators and company owners to rethink roadside safety. A recent lawsuit resulted in a massive settlement after a motorist crashed into a parked tow truck. The case highlights a harsh reality: Tow companies can be held liable for failing to provide adequate emergency warnings.

If you think Slow Down, Move Over laws are enough, think again. Legal precedents are shifting, and vicarious liability is a growing threat. Are your safety protocols enough to protect your business, your operators—and your life?

A Higher Standard for Tow Operators

Tow operators are held to higher safety standards, especially on highways. Some claim that setting up cones, flares, or triangles takes too much time. But when motorists crash into parked tow trucks—resulting in fatalities—does that argument hold up in court?

With 733 U.S. tow operators killed and another 90-plus internationally, very few investigations confirm the use of warning devices. If most tow trucks carry them, why aren’t they being used?

Legal Liability: Are You Defensible?

When roadside crashes result in lawsuits, the key legal question becomes:

Should towers be held responsible, knowing that parking on the shoulder is dangerous?

If a vehicle collides with a parked tow truck, plaintiffs will argue: "How could my client have known a tow truck was working?"

Without law enforcement present, towers must defend their actions. Attorneys frequently ask: -- Are you trained in highway incident response?-- Are you trained in highway incident response?-- Have you completed a -- Have you completed a National TIM (Traffic Incident Management) course? (Traffic Incident Management) course?-- Can you provide -- Can you provide a valid training certificate??-- Were your tow truck’s -- Were your tow truck’s emergency lights activated at impact? at impact?-- When was your last -- When was your last safety meeting??-- Did you deploy -- Did you deploy cones, flares, or triangles??-- Did you -- Did you request law enforcement assistance??

If you can’t provide satisfactory answers, you’re at risk of major legal exposure.

Investigations and Their Findings

When towers are struck and killed, investigations often conclude: "The only warning device used was the tow truck’s flashing light bar."

Regulatory agencies like FACE, OSHA, and NIOSH repeatedly issue post-incident safety recommendations:

✅ Complete TIM Responder Training, regardless of company size. ✅ Use wireless controls for tow truck beds and winches. ✅ Deploy warning devices when working outside the truck. ✅ Limit time on the traffic side of the vehicle. ✅ Use cones, flares, and bi-directional triangles to alert motorists. ✅ Carry warning devices in front of your body for visibility. ✅ Never turn your back to traffic while setting up. ✅ Allow motorists enough reaction time by placing devices at proper distances.

Even attorneys stress that towers should wear high-visibility gear and use warning devices to establish a clear hazard zone.

Industry-Wide Accountability

Fatality investigations often note: "The tow truck’s warning lights were on, but no hazard signs were placed on the roadway."

Some operators say, “I’m only there for three to five minutes.” But if you acknowledge the dangers, doesn’t that reinforce the need for better protection?

When asked in court, "Did you take steps to identify your active work zone?"

There are only two answers:

1️⃣ Something – showing due diligence and safety awareness. 2️⃣ Nothing – signaling negligence to the judge and jury.

And that’s how explosive settlements happen.

What side do you want to be on?