In an accident that has served to bring the state’s Move Over law into harsh focus, a tow truck driver has tragically lost his life while assisting a disabled vehicle. New York authorities responded to the car accident that claimed the life of a 51-year-old man. The crash is still under investigation, and so far no charges have been filed against the other driver involved in the accident.
The accident report confirms the tow truck driver was in the process of assisting a disabled vehicle on the shoulder of the New York State Thruway around 6:00 a.m. the morning of Oct. 10 when the crash occurred. Apparently a tractor-trailer failed to move out of the way of the man as he was working on the other vehicle and struck him. The tow truck driver died at the scene of severe injuries.
The state’s Move Over law requires drivers who see an accident or a disabled vehicle to move well out of the way of the incident in order to allow workers, like the tow truck driver, the space to safely assist in the situation. Law enforcement officials have admitted that despite the emphasis placed on this law, many drivers do not comply. In this situation, they say adherence to this law may have saved the driver’s life.
As a result, it is possible the driver of the tractor-trailer may face charges pertaining to this car accident. Even if no charges are filed, New York state law allows the family of the deceased tow truck driver to file a wrongful death suit against the other driver and possibly the company he is employed by. Bringing up the Move Over law in civil court may help to see such a suit succeed.
Source: news10.com, “Tow truck driver killed while assisting disabled vehicle on Thruway“, Rachel Yonkunas, Oct. 10, 2016