Justifying On-Highway Assistance

By Randall C. Resch

Have you ever requested law enforcement assistance and found it wasn’t available? Or had an officer leave the scene before you were hooked up and ready to roll? Our industry’s mission is to serve the motoring public in every way possible, but we shouldn’t be left hanging and alone.

Nowhere does it say that towers must sacrifice their personal safety and survival.

When an arrival assessment shows that law enforcement presence is needed, should towers work unassisted, or should they wait for on-scene support? Is there a written protocol requiring law enforcement to respond or remain until the tow is complete?

Industry history proves how dangerous it is for towers who go “boots to the ground.” In many states, especially rural ones, limited budgets and staffing mean help is simply not available. In reality, assistance often isn’t there.

So, towers must decide: -- Work the scene unassisted? -- Wait until assistance arrives? -- Request the highway patrol or DOT to respond? -- Decline service when danger factors exist? -- Arrange support from additional company personnel?

Extending Courtesy

When a disabled vehicle creates a public hazard or sits in an unsafe location, should agencies be required to remain until towers are ready to leave? While not always mandated, many law enforcement agencies consider it a courtesy to stay.

At the same time, towers often criticize highway patrol agencies for sitting on-scene during construction or maintenance projects, scenarios where protocol authorizes officers to leave if: -- A higher-priority emergency arises -- They’re relieved by other officers or agencies, or -- They’re ordered to leave by a superior.

Unfortunately, leaving tow operators unprotected has had tragic consequences.

Scenario One

In January 2022, A-Albuquerque Towing responded to a police request to clear a collision scene. Veteran operator Tommy Avent (62) was struck by a hit-and-run driver while working, leaving him critically injured. The case raised serious questions: Should law enforcement remain to protect towers providing roadside assistance in dangerous environments?

Scenario Two: Valdez v. CHP

The CHP stopped a DUI driver on a bridge off I-10 in Bloomington, CA. The suspect’s vehicle and CHP cruiser, lights flashing, sat in a live traffic lane. When rotation operator Ricardo Valdez (39) arrived, officers asked if he was “OK” before leaving to process the arrest. Valdez, like most towers would, said he didn’t need help.

The officers departed within minutes, taking with them the only flashing lights warning oncoming drivers. Ten minutes later, another DUI motorist slammed into Valdez’s truck, pinning and killing him instantly.

A lawsuit argued that CHP owed a duty of care and failed to protect Valdez. Had the cruiser remained, it likely would have been struck instead, sparing his life.

Stick Around, Please

Some officers routinely leave once their investigation ends. Is it because they don’t care about a tower’s safety, or because they assume towers can quickly handle the recovery? Towers are expected to clear scenes fast, but speed doesn’t erase risk.

In the CHP incident, officers likely thought they were just prioritizing the DUI investigation. Sadly, their decision to leave directly contributed to a preventable fatality.

The Bottom Line

Operator safety must be a top priority. When towers call for assistance—whether from law enforcement, DOT, FSP, MAP, or others—additional help should be provided. A police cruiser’s lights greatly increase visibility, even if they can’t prevent every distracted or impaired driver from crashing into the scene.

Towers should never hesitate to request law enforcement remain until vehicles are loaded and ready to go. SDMO laws are weak, and the public doesn’t always recognize a stationary tow truck as an emergency vehicle.

Best practice also means sending only the most skilled, experienced operators to high-risk highway scenes. And if your arrival assessment shows you’re stepping into danger, that’s the time to speak up. Asking for backup isn’t a sign of weakness—it’s survival. 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 775-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.