Traska Law Firm

Establishes wreckage removal regulations

  • If an accident occurs on any highway/public street, where personal property has been damaged or spilled as a result and is blocking the highway or street/endangering public safety,a Public Safety Official may do either of the following without the consent of the ownerbut with the approval of the law enforcing agency conducting any investigation of the accident:​  (​See Lines 1025-1039 of Passed Bill)
    • (1) Remove/order removal of the vehicle if it is unoccupied, cargo or personal property from the highway/obstructed area
    • (2) If the vehicle is commercial, allow the owner or operator the opportunity to arrange for the removal of the vehicle within a period of timespecified by the Public Safety Official, If it can’t be removed within that specified period of time, the Public Safety Official will order its removal.



  • Regardless of whether the removal is executed by a private Towing Service,is not liable for civil damages for any injury, death or loss to person or property that results in the removal of that unoccupied motor vehicle/cargo/Personal property” (See Lines 1061—1066 of Passed Bill)
    • If authorizedby a Public Safety Official, the Towing Service is not liable for civil damagesfor any injury, death, or loss to person or property that results from the removal of that unoccupied motor vehicle/cargo/property.
    • (2) Division (B) (1) of this sectiondoes not applyto any of the following:
      • (a)Any entity involved in removing the obstruction “pursuant to division (A) of this section if that removal causes orcontributes to the release of hazardous material or to structural damage to the roadway”​
        • See Lines 1086—1092 of Passed Bill
      • (b)A private Towing Service that was not authorized, employed or arranged by a Public Safety Official to remove the vehicle/cargo/property under this section:
      • (c) Except as provided in division (B) (2)(d) of this section, a private towing services that was authorized, arranged, or employed by a Public Safety Official to perform the removal of the unoccupied vehicle, the private Towing Service performed the removal in a negligent manner
      • (d) “A Private Towing Service that was authorized by a Public Safety Official to perform the removal of the unoccupied motor vehicle, cargo or personal property that was endangering public safety but the private Towing Service performed the removal in a reckless manner”​


 

What this means for YOU:

 

  • Public Safety Officials, as defined, call the shots


  • When towing commercial vehicles, must allow the operator/owner to arrange for a timely removal 


  • Towing Services are not liable for damages unless the wreckage removal was deemed reckless or negligent


Highlights: