San Antonio Tow Truck Accident Lawyer · Published August 2026 · Reviewed by Mathews Metyko, State Bar No. 24096574 · 9 min read
Searching for a San Antonio tow truck accident lawyer because a tow truck hit you — or because you run a towing company facing a claim in Bexar County? Here is what Texas law actually says, who can be held liable, and what to do next.
Quick Answer
- A San Antonio tow truck accident lawyer can hold the tow truck driver, the towing company, or a third party liable, depending on the facts.
- Texas towing companies are licensed and regulated by TDLR under Occupations Code Chapter 2308; violations of those standards can support a negligence claim.
- A limited liability shield in Civil Practice & Remedies Code Chapter 72A protects towing companies only from claims for damage to the vehicle under tow during an authorized incident-management tow — it does not shield the company from liability for injuries its driver's negligence causes to others.
- Texas Transportation Code § 545.157 (the Move Over or Slow Down law) requires drivers to yield a lane or slow down for a working tow truck; violating it can support a negligence claim.
- The statute of limitations for most Texas personal injury claims, including tow truck accidents, is two years from the date of the accident (Civ. Prac. & Rem. Code § 16.003).
Why San Antonio Drivers and Towing Companies Choose Mathews Metyko
The Metyko Law Firm is based in San Antonio, at 15614 Huebner Road, and San Antonio and Bexar County are the core of the firm's tow truck accident practice. As a San Antonio tow truck accident lawyer, Mathews Metyko has handled these cases from courthouses across Bexar County, including trials and hearings before the county's district courts, and knows how local judges, local towing companies, and local insurance adjusters actually operate — not just what the statute books say.
That local grounding extends outward: the firm also handles tow truck accident and towing litigation in Seguin and Guadalupe County, New Braunfels and Comal County, San Marcos and Hays County, Austin and Travis County, Round Rock and Williamson County, Boerne and Kendall County, Atascosa County, and south to Eagle Pass and Laredo. But if you were hit by a tow truck in San Antonio, you are talking to an attorney who works in Bexar County courts regularly, not one dialing in from out of town.
Why Hire a Tow Truck Accident Lawyer Instead of a General Injury Attorney?
A tow truck accident lawyer brings something a general personal injury attorney typically doesn't: working knowledge of how the towing industry is licensed, insured, and regulated in Texas. Tow truck cases turn on facts a general practice won't know to look for — TDLR permit status, tow truck weight ratings, hookup and securement standards, and the narrow liability shield that applies only to certain towing operations. A tow truck accident lawyer who has actually litigated these cases knows where to look for that evidence and how to use it.
Litigation Experience on Both Sides, Across South and Central Texas
Beyond San Antonio, Mathews Metyko has worked as a tow truck accident lawyer on both sides of the case — representing injured claimants against towing companies, and representing towing companies as defense counsel — across Seguin and Guadalupe County, New Braunfels and Comal County, San Marcos and Hays County, Austin and Travis County, Round Rock and Williamson County, Boerne and Kendall County, Atascosa County, and south to Eagle Pass and Laredo.
Having sat on the defense side of multiple towing company lawsuits gives real insight into how these companies structure their insurance coverage, how TDLR compliance records are kept (or aren't), and how carriers evaluate and try to minimize these claims. That perspective works in a client's favor whether the client is someone injured by a tow truck in San Antonio or a towing company facing a claim and looking for a tow truck accident lawyer who actually understands the industry.
Are Tow Truck Accidents Different From Regular Car Accidents in Texas?
Yes. A tow truck accident case sits at the intersection of ordinary negligence law and a heavily regulated commercial industry. Tow trucks are licensed and regulated by the Texas Department of Licensing and Regulation (TDLR) under Texas Occupations Code Chapter 2308, and tow truck drivers operating on Texas roadways must follow specific equipment, hookup, and conduct rules that a typical passenger vehicle driver never has to think about. When a tow truck driver breaks one of those rules and it contributes to a crash, that violation can become powerful evidence of negligence — sometimes even negligence per se.
Tow trucks also frequently operate at accident scenes, on shoulders, and in traffic lanes while hooking up or unloading vehicles, which creates unique hazard patterns: rear-end collisions into a stopped tow truck, crashes involving a vehicle being towed that comes loose, and collisions caused by a tow truck driver who fails to secure the scene properly.
| Factor | Tow Truck Accident | Typical Car Accident |
|---|---|---|
| Regulatory oversight | TDLR-licensed under Occupations Code Ch. 2308 | No commercial licensing scheme applies |
| Possible defendants | Driver, towing company, sometimes vehicle owner | Usually just the at-fault driver |
| Special liability rules | Narrow shield under Civ. Prac. & Rem. Code Ch. 72A (property damage only) | None — ordinary negligence law applies |
| Key evidence | TDLR permit status, tow rating, securement, dispatch/GPS records, driver hours and maintenance records | Police report, dash cam, witness statements |
| Statute of limitations | 2 years (Civ. Prac. & Rem. Code § 16.003) | 2 years (Civ. Prac. & Rem. Code § 16.003) |
Common Causes of Tow Truck Accidents
- Failure to secure the towed vehicle — improper chains, hooks, or straps that allow a vehicle to break loose while under tow
- Overloaded or mismatched equipment — using a tow truck rated below the weight of the vehicle being towed
- Failure to use required lighting and signage — Texas law requires specific lighting and markings on tow trucks operating on public roads
- Violating the "Move Over or Slow Down" law — other drivers failing to yield a lane to a working tow truck, or a tow truck driver improperly positioning the vehicle
- Driver fatigue or distraction — particularly common with towing companies that run drivers on-call for long stretches
- Negligent hiring or supervision — a towing company that puts an unqualified or unlicensed driver behind the wheel
- Poor vehicle maintenance — brake failure, tire blowouts, or hydraulic system failures on the tow truck itself
Who Can Be Held Liable After a Tow Truck Accident?
Liability can fall on the tow truck driver, the towing company, or in some cases a third party — Texas law does not limit fault to just the person behind the wheel:
- The tow truck driver — for negligent operation, improper hookup, or violation of towing safety standards
- The towing company — for negligent hiring, training, or supervision, or for maintaining unsafe equipment
- The vehicle owner — in limited cases, if that owner directed an unsafe or unauthorized tow
- A third party — if the tow truck was stopped legally and another driver caused the collision by failing to move over or slow down
Identifying every liable party early — before evidence disappears — is one of the most important things an attorney does in the first days after a tow truck crash.
The Texas "Move Over or Slow Down" Law and Tow Trucks
Yes — Texas drivers are legally required to move over or slow down for a working tow truck. Texas Transportation Code Section 545.157 requires drivers approaching a stationary tow truck performing towing duties under Occupations Code Chapter 2308 — with its required warning lights activated — to either move over a lane if possible or slow down to a safe speed. This law exists specifically because roadside tow operations are dangerous, and violating it is a traffic offense that can also support a civil negligence claim against the driver who failed to yield the lane.
Is There a Special Liability Shield for Towing Companies in Texas?
Only a narrow one, and it does not cover injuries to other people. This is one of the most misunderstood parts of Texas towing law, and it matters a great deal to how a case gets framed. Texas Civil Practice and Remedies Code Chapter 72A provides that a towing company performing "incident management towing" in good faith — clearing a vehicle from an accident scene — is not liable in a civil action for damage to the vehicle being towed unless the towing was performed with gross negligence, recklessness, or intentional misconduct.
That protection is narrow. It applies to damage to the vehicle under tow during an authorized incident management tow — it does not shield a towing company or driver from liability for injuries caused to other drivers, passengers, or pedestrians by the negligent operation of the tow truck itself. If a tow truck driver runs a red light, fails to secure a load, or violates TDLR safety standards and someone is hurt, ordinary negligence law applies in full.
TDLR Licensing Violations as Evidence
Under 16 Texas Administrative Code Section 86.715, a towing operator must perform every tow in a safe and competent manner, maintain a valid driver's license, and comply with equipment and conduct standards enforced by TDLR. A driver operating without a proper license, a company operating an unpermitted truck, or a truck missing required markings under Occupations Code Section 2308.109 are all documented, provable violations. In a personal injury case, these regulatory violations are strong evidence that the towing company failed to meet the standard of care Texas law demands of licensed towing professionals.
What to Do After a Tow Truck Accident
- Get medical attention right away, even if you feel fine — adrenaline can mask serious injuries
- Call law enforcement and make sure a police report is filed, with the responding officer's name and report number
- Photograph everything — the tow truck's company name, DOT and TDLR numbers, license plate, the vehicle being towed if any, road conditions, and your own vehicle's damage
- Get witness contact information before people leave the scene
- Do not give a recorded statement to the towing company's insurer without speaking to an attorney first
- Preserve evidence quickly — dash cam footage, nearby business surveillance video, and the tow truck's maintenance and driver qualification records can disappear or be routinely overwritten within weeks
- Contact an attorney promptly so a spoliation letter can go out demanding preservation of the towing company's records
Frequently Asked Questions
Can I sue a tow truck company in Texas?
Yes. A tow truck company can be held liable for a driver's negligent operation of the tow truck, for negligent hiring or supervision, or for violations of Texas Occupations Code Chapter 2308 towing regulations. The limited liability shield in Civil Practice and Remedies Code Chapter 72A protects a company only from claims for damage to the vehicle it is towing during an authorized incident management tow — it does not shield the company from liability for injuries its driver's negligence causes to others.
Who is liable if a tow truck hits my car in San Antonio?
It depends on the facts, but potential defendants typically include the tow truck driver, the towing company, and in some cases the owner of a vehicle being towed. Whether the driver followed Texas towing safety standards and the Move Over or Slow Down law are often central questions.
What if the tow truck was towing another vehicle when it hit me?
A tow truck under load raises additional issues, including whether the towed vehicle was properly secured, whether the tow truck was rated to carry that vehicle's weight, and whether required chains and lighting were used. These are documented TDLR standards, and violations can support both a negligence and a negligence per se claim.
How long do I have to file a tow truck accident claim in Texas?
In most cases, Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of the accident to file a personal injury lawsuit. Deadlines can differ if a governmental entity is involved, so it's important to talk to an attorney as soon as possible after the crash.
What areas does a tow truck accident lawyer at The Metyko Law Firm serve?
The firm handles tow truck accident and towing litigation matters throughout San Antonio and Bexar County, Seguin and Guadalupe County, New Braunfels and Comal County, San Marcos and Hays County, Austin and Travis County, Round Rock and Williamson County, Boerne and Kendall County, Atascosa County, and south to Eagle Pass, Maverick County, Laredo, and Webb County — along with the counties connecting these regions.
Why hire a tow truck accident lawyer instead of a general personal injury lawyer?
A tow truck accident lawyer understands the specific regulatory framework that governs towing companies in Texas — TDLR licensing under Occupations Code Chapter 2308, tow truck weight and securement standards, and the narrow liability shield that applies only to certain towing operations. That specialized knowledge is often the difference between identifying every liable party and missing evidence a general practice attorney wouldn't know to look for.
About the Author
Mathews Metyko
Attorney at Law — The Metyko Law Firm PLLC | OEF Veteran | MBA | St. Mary's Law | Tow truck litigation on both sides, San Antonio to Laredo