Court Links Auto Club to Contractors
By: , Tow Squad News. Published on: Subscribe in a reader
Appealed Ruling from Disabled Vehicle Call
LOS ANGELES, Cal. – A California appeals court has ruled that juries may find auto clubs such as AAA potentially liable for contractor negligence on the job. Such clubs were previously protected from civil action.
The original case in dispute dates back to January 2008 when a driver was injured in a highway collision after a towing operator allegedly left his wrecker parked a few inches into an active lane of traffic. The contracted towing operator had directed the man to sit and wait in the wrecker cab just moments before the impact.
A handful of other states have seen similar rulings, linking contractors to parent entities that dispatch their services. Frequently the operator’s vehicle, uniform and sometimes equipment is stamped with the clubs logo, which seemed to carry weight in Tuesday’s decision.
“If you’re giving that appearance (that operators work for an auto club), you can’t then shield yourself from liability by saying we had nothing to do with them,” said attorney Holly Boyer, speaking with the San Francisco Chronicle. She represents another plaintiff injured in a roadside accident.
In part, the ruling states that an “auto club trains the technicians how to do the work, dispatches calls to them, then follows up with inspections and customer surveys. The work performed by the technicians is Auto Club’s regular business.”
Want to share your own story?
or call 888-603-2599.
This towing news story is brought to you by Tow Squad Towing News
In Tow, Distraction Means LiabilityLike texting-while-driving, on-board computer systems can represent a dangerous distraction from the road.
Road Rage in TowThe widespread use of camera phones can inflate a single incident, and unfairly paint the reputation of an entire business.
2 Deaths & 87 Tows at Bike FestAn annual gathering of motorcycle enthusiasts in St. Louis ensnared local police this week, resulting ultimately in two deaths, dozens of arrests and nearly ninety bikes towed.
Chief Accused of Blacklisting ShopTow owner in Penn. is suing local police chief, claiming his company has been denied tow work despite contract
Cleveland Fights To Regulate TowingTowing companies could be facing new local guidelines from OH Supreme Court decision...