October 10, 2026

Quick Summary If a tow truck hurt you, the driver, the tow company, or another driver may be responsible. The facts decide who pays. Florida’s Move Over law, Fla. Stat. § 316.126, requires drivers to move over or slow down for a working wrecker with its warning lights on. Your own Personal Injury Protection (PIP) coverage may pay initial medical bills, subject to policy limits and treatment requirements. You generally must receive initial care within 14 days to qualify for PIP medical benefits. Tow truck insurance requirements vary based on the vehicle’s weight, business operations, and applicable state or federal rules. Most Florida negligence lawsuits involving crashes after March 24, 2023, have a two-year filing deadline. In most negligence cases, being more than 50% at fault can prevent recovery. Had a bad day? Call The Reyes Firm at 833-4BAD-DAY ((833) 422-3329) SCHEDULE A FREE CASE REVIEW A tow truck is supposed to show up after the worst part of your day. When that truck is the reason you got hurt, you are left with questions nobody prepared you for. Who pays? Is the tow company responsible, or the driver? Does it matter who called the truck? A tow truck accident in Florida can be more complicated than a typical car crash. Tow companies may operate under special insurance rules, police rotation programs, and commercial vehicle regulations. Some crashes happen when a tow truck hits another car. Others happen when a driver fails to move over for a wrecker working on the shoulder of I-4 near Seffner or I-275 in Tampa. This guide explains who may pay for your injuries, which insurance may apply, which deadlines matter, and what to do next if you were hurt in Seffner, Tampa, or anywhere in Hillsborough County. Who Pays for Your Injuries After a Tow Truck Accident in Florida? Who pays depends on who caused the crash and which insurance policies apply. The tow truck driver may be responsible for careless driving. The tow company may share responsibility based on its own actions or its relationship with the driver. Another motorist may be responsible for ignoring the Move Over law. Your PIP coverage may also help pay initial medical expenses. Here is how that often plays out: What happened Who may be responsible Where payment may come from A tow truck driver hits your car The driver and potentially the tow company Applicable PIP benefits and the responsible party’s liability insurance A towed car, chain, or strap comes loose The operator, tow company, or whoever secured the load Applicable commercial liability or other insurance policies Another driver hits a wrecker on the shoulder The driver who caused the crash The driver’s liability insurance and other applicable benefits A government-owned tow or service vehicle is involved A government entity or other responsible party Coverage and claims subject to special rules under Fla. Stat. § 768.28 Several parties may share responsibility: The tow truck driver: For speeding, distracted driving, unsafe turns, or failing to yield. The tow company: For negligent hiring, supervision, training, or equipment maintenance. The company’s legal responsibility can also depend on its relationship with the driver. Whoever secured the load: If a towed vehicle, chain, strap, or piece of equipment came loose. Another driver: If that driver caused the crash or failed to follow Florida’s Move Over law. A government entity: In certain cases involving government-owned vehicles or government employees. Special legal requirements may apply under Fla. Stat. § 768.28. A tow company is not automatically responsible just because its truck was involved. The evidence, the driver’s relationship with the company, and the cause of the crash all matter. Our guide to trucking company liability explains how employers may be responsible in other commercial vehicle accidents. These crashes can also happen on busy highway ramps. For a closer look at one family’s situation, read our guide to what families should know after a fatal I-75 exit ramp crash near Seffner. How Does Florida’s Move Over Law Protect Tow Truck Operators? Florida’s Move Over Law requires drivers to move out of the lane closest to a working wrecker displaying amber warning lights when safe to do so. If changing lanes is not possible, drivers must slow down. The law helps protect tow operators, emergency responders, and others working near moving traffic. Under Fla. Stat. § 316.126, the requirements include: On a road with two or more lanes traveling in your direction, move out of the lane closest to the stopped wrecker when safe to do so. If you cannot change lanes safely, reduce your speed. When the posted speed limit is 25 mph or higher, slow to 20 mph below that limit when the slow-down requirement applies. When the posted speed limit is 20 mph or less, slow to 5 mph. Since January 1, 2025, Florida’s Move Over law also protects other vehicles stopped on the roadside with flashing hazard lights, emergency flares, or visible emergency signage. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers who violate the law may face fines, fees, and points on their driving records. When a driver ignores the law and hits a tow operator or stopped wrecker, the crash report, witness statements, and any traffic citation can become important evidence. A citation alone does not decide who pays, but it may help show what happened. We also explain how the Move Over law applies to roadside workers in our article about a fatal I-75 crash involving a Road Ranger. Attorney Edward Reyes explains Florida’s Move Over law and the dangers tow truck operators face on busy Florida roads.   Attorney Edward Reyes explains Florida’s Move Over law after tow truck drivers were killed by an impaired driver who did not move over. 💡 Did You Know? In 2024, Florida recorded 205 crashes and issued more than 17,500 citations involving drivers who failed to move over. These figures cover Move Over violations generally, not tow truck crashes alone. Source: FLHSMV Move Over Safety Center.