No Rider Policy?

By Randall C. Resch

Riders versus no riders? The debate continues. The towing industry is reeling from several recent, high-dollar lawsuits alleging that towers were negligent in customer slip-and-fall incidents, resulting in long-term, debilitating injuries. Plaintiffs’ claims can lead to substantial settlements, sometimes driven by sympathetic judges and juries.

In these cases, customers allege that towers failed to protect them from falls or provide instructions for entering and exiting truck cabs. Two recent lawsuits illustrate the challenges:

• An elderly male fell from a tow truck’s seat. He claimed the operator failed to instruct him on how to enter and exit the cab. Video evidence reportedly showed him opening the door with a cane in hand, using his forearm to hold the door open, and failing to use the grab rails. The case also revealed that the plaintiff had previously pursued other slip-and-fall claims. The lawsuit settled for an undisclosed, high-dollar amount.

  
  

• A female customer allegedly fell from her SUV’s door. She was seated in the vehicle as it was winched onto a carrier’s deck. When the movement stopped, she reportedly fell to one knee but stated that she was not injured. She filed no incident report with police, the motor club, or the towing company and declined assistance from paramedics. The incident took on a different dimension only after she contacted an attorney.

  
  

Both cases involved claims of lasting injuries and limitations on everyday activities. One plaintiff reportedly took a two-week cruise and later traveled internationally for work despite claiming significant injuries. Another alleged loss of consortium, with his spouse claiming that his injuries affected their relationship despite his documented, preexisting health concerns.

Lightning Fast

Do some slip-and-fall incidents happen opportunistically? These incidents can occur in seconds, leaving operators little time to react. A customer who notices a tilted carrier deck, for example, could decide to exploit the situation if the operator is not paying attention.

Allowing customers to ride in tow trucks presents two immediate concerns. First, trucks—particularly heavy-duty models—sit much higher off the ground than passenger vehicles. Climbing into a cab can be difficult for customers with limited mobility, poor eyesight, disabilities, or obesity.

Second, in today’s litigious environment, even an attempt to help a customer climb aboard could lead to allegations of inappropriate physical contact.

How It’s Done

There are two kinds of tow operators: those who assist customers and those who don’t. Operators who offer rides should provide clear instructions on locating steps and grab handles and explain how to enter and exit the cab safely.

Although industrywide training standards may be lacking, basic precautions can reduce risks. Operators should accompany customers to the cab, point out handholds and steps, and explain how to climb aboard. Customers should also be instructed to remain seated until the operator tells them it is safe to exit.

These precautions, however, cannot eliminate every risk—or prevent every allegation.

Contradiction of Law?

Does transporting passengers raise concerns under the Federal Motor Carrier Safety Regulations, specifically 49 CFR § 392.60, Unauthorized Persons Not to Be Transported?

Unless an exigent circumstance exists, towing contracts do not typically require companies to transport customers. Yet operators routinely face the question: Should vehicle owners, drivers, and other customers be allowed to ride along?

After a crash investigation is completed and a vehicle is loaded, what should a towing company do when a customer asks for a ride off the highway?

The answer may depend on the circumstances, applicable regulations, and the company’s policies.

Who’s Allowed?

A Texas insurance company addressed the issue in a policy titled “Tow Truck Operators—Non-Business-Related Passenger Ride Along Policy.” The policy states that commercial vehicle operators must understand and follow a written company policy prohibiting unauthorized passengers.

It distinguishes between approved passengers and those traveling for non-business purposes, such as family members and friends. It also prohibits picking up hitchhikers or providing rides outside authorized circumstances, while allowing customers whose vehicles are being towed.

That distinction raises an important question for the towing industry: Should customers be treated as an exception, or should companies adopt a blanket prohibition on riders?

For years, transporting customers has been standard practice for many towing companies. But with slip-and-fall claims and other allegations creating potentially enormous liability, that tradition deserves another look.

Tow trucks are not taxis or limousine services. Operators are not paid to provide passenger transportation, yet carrying customers can expose companies to significant legal and financial risks.

A no-rider policy was widely used during the COVID-19 pandemic. Why not revisit the approach and ask the insurance industry to help establish clear guidance? When lawsuits result in large settlements, towing companies—and ultimately the industry—bear the financial burden.

Tow owners should consult their insurance providers to determine whether their policies permit or prohibit customer transportation and whether a formal no-rider policy is advisable.

This article is intended for training and informational purposes only and does not constitute legal advice.

My advice? If your company’s policy and applicable law permit it, make customer transportation an exception rather than an automatic service. Otherwise, let customers arrange their own transportation. Tow trucks are built to recover vehicles—not to serve as passenger cars.

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 57-years, he has been involved in the towing and recovery industry. In 30-years, he has contributed more than 800-safety focused articles for American Towman Magazine, TowIndustryWeek.com and POLICE Magazine. He 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.