Published: Tuesday, July 08, 2025
By Randall C. Resch
We’ve seen our lion’s share of tow operator fatalities. Yet after crash investigations are completed, why are key safety recommendations so often ignored—especially those that could help reduce future losses? One such recommendation, frequently cited, involves the use of roof-mounted sign boards, commonly known as Variable Message Systems (VMS).
Over the past two decades, states have implemented various Slow Down, Move Over laws aimed at reducing highway fatalities among first responders, highway workers, and tow operators. Yet since 1934, an estimated 671 tow operators have been killed in roadway incidents across the United States—a sobering reminder that more must be done
Grinds My Gears
California leads the nation in on-duty, on-highway tow operator deaths. Thirty-five years of collecting data has recorded 86-on-highway incidents dating back to the 1930’s. The data suggests that California tow operators have worked on-highway incidents under vulnerable conditions for better than 95-years only to overlook lessons learned.
Fifty-five years ago, California tow trucks were equipped with traffic flares and large orange incident signs, which tow operators would deploy at the scene. Over time, that requirement gradually faded, and today many tow operators are neither required nor inclined to use cones, flares, or warning signs—despite strong recommendations from FACE, NIOSH, CDC, OSHA, and select industry instructors.
Exploring Lessons Learned
On May 31, 2023, a tow truck operator with just six months of experience responded to a highway call involving a disabled vehicle stranded atop a gore point on California’s Golden State Freeway (I-5). At around 11 p.m., the vehicle was positioned so deep into the gore point that it was described as 'a sitting duck' at the apex of a southbound onramp.
In an area where six lanes of traffic sped past the vehicle’s location, attempting to load it onto a carrier without assistance proved fatal. While working alone to recover the vehicle, the tow operator was struck and killed—allegedly while standing in lane six. One must ask: could this tragedy have been prevented by requesting a highway patrol presence at the scene?
Obvious Recommendations
As a result of the tower’s fatality, beyond the initial fatality investigation by California’s Highway Patrol, came an additional, in-depth investigation by California Fatality Assessment and Control Evaluation (FACE) Program.
According to its website, California FACE is a NIOSH-funded occupational fatality surveillance program aimed at preventing fatal workplace injuries by examining the worker, the work environment, and the roles of management, engineering, and behavior in future injury prevention.
When fatalities like this occur in California, fatality investigators dig deep to uncover what actions led to the towers demise and what recommendations can be passed forward to the workforce. According to Hank Cierpich, Fatality Investigator/Consultant, for California’s, FACE, in part, he wrote the following recommendation:
Recommendation #4: Promote use of variable messaging signs (VMS) to help direct traffic away from roadside responders. Roadside service and incident response personnel, including law enforcement officers, emergency responders, and towing and service operators, have a high incidence of severe occupational injury while responding to traffic incidents and providing roadside services. Research was conducted in 2023 on the efficacy of variable messaging signs (VMS) when aiding motorists during breakdowns. This study found that when the VMS was active, drivers were more likely to move over (change lanes) and slow down than when the VMS was not active. The odds of a vehicle moving over were 95% higher when the VMS was used. Had a VMS sign been used in this incident, the driver may have moved over to avoid the tow truck.”
Heed the Message
FACE Investigator Cierpich recommended that equipping on-highway tow trucks with Variable Message Sign (VMS) systems would be a 'solid and prudent' measure to provide 'advance emergency warning' to approaching traffic.
Day or night, a clear and visible VMS message acts as a visual alert—warning approaching motorists to stay alert and watch for tow operators at work. If the benefit is so evident, why aren’t on-highway tow trucks federally required by highway or law enforcement agencies to be equipped with VMS systems?
As suggested by FACE Investigator Cierpich, “Wouldn’t it be nice that 95-percent of on-highway traffic would move over because there were obvious and visual warnings ahead?” His message makes perfect sense. Why not adhere to his recommendation?
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 760-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.
Published: Wednesday, July 02, 2025
By Brian J Riker
Animal companions, especially dogs, have been drawing a lot of attention lately. It seems everywhere you turn, someone has a dog in a shopping basket, in the restaurant or eagerly awaiting a ride in your tow truck along with their broken-down vehicle. This unexpected four-legged furball can cause tempers to flare and may even expose you and your company to legal liability if you don’t understand the rules surrounding passenger transport and service animals.
What Is a Service Animal?
Service animals, typically dogs, are trained to perform specific tasks for individuals with disabilities. Under the Americans with Disabilities Act (ADA), service animals are granted certain protections and rights, including the right to accompany their handlers in public places and transportation vehicles. This includes tow trucks, which are considered public accommodations under the ADA.
Note: Emotional support, comfort, or therapy animals are not covered under this definition.
This distinction matters. Denying access to a true service animal is an ADA violation.
What You Can (and Can’t) Ask
Tow operators may ask only two questions:
1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?
You cannot:
1. Ask for documentation.
2. Request a demonstration.
3. Inquire about the person’s disability.
When You Must Allow a Ride-Along
If your company routinely transports passengers:
1. You must allow passengers with service animals.
2. You must accommodate both passenger and dog safely.
If you do not routinely transport passengers:
You can decline ride-alongs—but the policy must be applied equally in every case to avoid discrimination.
Safety and Insurance Considerations
Tow truck operators should ensure that the service animal is safely accommodated in the vehicle. This may involve making adjustments to the seating arrangement or providing a secure space for the animal. It's also important to communicate with the passenger to understand any specific needs or preferences they may have regarding their service animal.
In addition to the ADA, tow truck operators should be aware of any state or local laws that may apply. Some states have additional protections for service animals, and it's essential to be familiar with these regulations to ensure full compliance.
Tow bosses, it is important that you develop clear written policies on the courtesy transportation of all passengers, including those with service animals and physical disabilities that are in full compliance with the ADA, state and local laws, US DOT regulations on transportation of passengers and any requirements imposed by your insurance carrier.
Keep in mind, most commercial auto policies do not cover non-business passengers such as employee’s family, friends or even their spouse, meaning your passenger policy must not only cover customers, it must also cover other riders. Further, the US DOT has a prohibition on unauthorized non-business passengers and requires written authorization for passengers to be produced on demand by the driver.
Training and Education
Companies should provide regular training on the legal requirements and best practices for transporting service animals. This training should include information on the ADA, state and local laws, and practical tips for accommodating service animals in tow trucks.
Follow this Quick Checklist: Towing with Service Animals
-- Do we normally allow passengers in the cab?
-- Has the passenger confirmed this is a service animal?
-- Have I asked the two ADA-approved questions (if uncertain)?
-- Is the animal safe and secured?
-- Are we compliant with insurance and DOT regulations?
-- Has the driver received ADA training?
Published: Wednesday, June 25, 2025
By Randall C. Resch
Once again, towers are engaged in heated debate over whether tow trucks should be classified as “First Responders.” To think towers are first responders, that’s risky business. Being a First Responder includes fully understanding the bigger picture, specific to accountability and responsibility should response turn to tragedy. There’s nothing smart about racing wreckers to get there first!
In February 1991, a southern California tow operator lost control of his wrecker, estimated going between 60-to-80-mph in a 25-mph zone. A second speeding wrecker drove down the left-hand lane against oncoming traffic, both intent on being first on scene.
Witnesses reported two wreckers appeared to be racing. At an intersection, one wrecker slammed into an 89’ Oldsmobile stopped at a red light while the second wrecker fled the scene. The local news reported a seventh grader was crushed to death in the wreck.
Scanner’s Beware
Many cities and towns across the U.S. don’t have formal law enforcement contracts. When no contract exists, towers monitor police scanners and race to requests for service. When towers hear a call for service in their area, it becomes a race—whoever gets there first gets the job, so they shift into “Mr. Expedite Responder” mode.
At the Grapevine, Texas, tow show, I judged part of the beauty pageant. In scoring categories of flatbeds, vintage, and service/support classes, two trucks were equipped with six scanners, each one for different counties. While talking with the truck’s drivers, they explained how adeptly they could monitor police activity.
With clear practice and intent, towers picked locations amongst dispatched gibberish learning where officers were headed to crash locations. However, some municipal codes prohibit the use of scanners, and towers risk citations for having them in their trucks. The scanner setups themselves were often an electrician’s nightmare—tangled and makeshift—but each component served a specific purpose.
Here’s the rub: picture a bicycle wheel. The rim represents the location of a crash—two vehicles, wrecked. At the hub are the responding officers and the damaged cars. Now imagine each spoke as a tow truck, all radiating out from different points. The moment a request comes in, those spokes spring into motion, rolling fast toward the center. It’s a “git-there-first” mentality—everyone in expedite mode, racing to be the one who gets the job.
Simple math says if ten tow trucks head to the same location at high-speed, there’s potential of collision somewhere in a truck’s speeding path.
Plenty of Cases
In June 1991, a Canadian tow operator was reportedly racing to the scene of a car crash. In his haste to be the first to arrive, he lost control while speeding and crashed head-on into a minivan carrying nine people, including six children.
The tow operator and his passenger survived with minor injuries, but a 34-year-old woman was killed. A police lieutenant commented, “The city doesn’t regulate the tow truck industry, resulting in a free-for-all on the city streets.” But the issue wasn’t just a lack of regulation—it was a matter of reckless driving.
In California, the Basic Speed Law, Section 22350, states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
There are no industry-specific driving courses that train tow operators in high-speed driving or advanced vehicle handling. Without targeted education, the risks are enormous—and so is the liability. Defending a tow operator who injures or kills someone due to reckless driving becomes nearly impossible. Accepting that kind of risk, while ignoring the potential for a deadly collision, simply doesn’t make sense.
Speeding is dangerous for any vehicle, but specially so for tow trucks and carriers of all sizes. The added weight and load dramatically affect momentum, gravity, and balance—all critical to a truck’s stability and stopping power. These vehicles don’t, and won’t, stop on a dime.
Flatbed carriers, in particular, face added risks when running empty. On wet or icy roads, they can easily lose traction. If you’ve ever lost control and skidded across a slick surface, you know how terrifying that can be.
When a tow operator causes a crash that injures or kills a pedestrian or motorist, the consequences are severe. Consider five potential outcomes of a tower’s negligence or reckless behavior:
1.) Tower is removed from the company’s insurance
2.) Their driver’s license is seized
3.) Civil liabilities – explosive settlements are levied
4.) There may be criminal responsibility
5.) Reckless operation oftentimes results in incarceration
What’s Worst Yet?
Tow company owners, take heed: when it comes to vicarious liability, anything your operators do behind the wheel of your trucks becomes your responsibility. Their actions on the road—reckless or otherwise—can have legal and financial consequences that fall squarely on your shoulders.
Because tow operators have some misguided entitlement that “were first responders,” it’s highly important that safety training and on-going discussions are part of monthly meetings. It’s vital, owners set-the-tone and remind personnel that driving like a fool comes with huge responsibility.
Every company’s safety manual should mention that excessive speed and poor vehicle operations will not be tolerated. When driving tow trucks and carriers, “reasonable and prudent” should be the guiding principle for every tower.
Note: Both towers mentioned herein were convicted for vehicular homicide. There’s a fine line between safe vehicle operations and reckless negligence. Know the difference.
________________________________________________
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 760-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.
