By Randall C. Resch
Many scenarios aren't ordinary load-and-go operations, and there's always potential for secondary damage. When it comes to working the beyond-the-norm scenarios we're commonly faced with, the need to obtain a signed Hold-Harmless Agreement is sometimes necessary before working on someone's car or beginning that difficult recovery.
While I feel HHAs are a necessary evil, they often hold little to no value in court.
One incident in the news reported, "When we contacted (names deleted), a spokesperson told us the company isn't responsible, but, then agreed to, 'cover 100-percent of the costs of the damage sustained to the car as a result of the towing,' calling it, 'a unique case.' "
What does that tell you? Why would the insurance company pay if this resulting situation were cut and dry?
The consumer's attorney in this claim told reporters, "It was the insurance company's decision on who to hire to come out and tow the vehicle. So they should be responsible." He thinks the motorist's insurance company should help her out because, "After all, they hired the tow company."
If you require a motorist to sign a HHA, they typically cry to a judge that they were coerced into signing the document only to get their car off a rock. The owner knew the possibilities going into this and agreed. Why should the tower be responsible for a compromised vehicle?
I believe vehicle owners have a right to choose or deny service. From the rock scenario, I believe the tower made sufficient up-front, verbal warnings regarding the hazards of recovery. Could their recovery methods have been conducted in a different manner? Perhaps, but that's only part of this argument. I don't pass judgment on the tower's techniques, as I wasn't there.
While HHAs aren't overly effective, I've used them as a component of my honest and truthful testimony. Additionally, I've presented a signed HHA as secondary evidence to my testimony that I provided explicit warning to the vehicle's owner. I don't rely only on signed agreements, but also testify that I made my customer fully aware of all "what if's" long-before a hold-harmless was ever discussed.
If, at some point, a judge asks your side of the story, be adamant regarding your honest and complete explanation as to what you advised your customer regarding potential damages. The HHA is one component of the vehicle owner's understanding and subsequent agreeing with you before work ever commences. To me, that's a reasonable and prudent way to conduct business without creating that "I got bullied into signing" syndrome.
Author's Note: This opinion isn't intended to be legal representation. It's recommended you contact your company's counsel as it relates to your business operations and hold-harmless agreements before any situation arises.
Fairfax County, Virginia, officials are proposing new towing regulations for multi-family dwellings targeting vehicles with expired registrations or inspection stickers. A public hearing is set for Oct. 22.
The proposal requires tow companies to post written notices on vehicles 48 hours before removal and notify landlords. Non-compliance would result in reimbursing vehicle owners for towing and storage fees, plus a $100 fine.
Prompted by Virginia’s House Bill 925, the regulations could increase the administrative burden on tow companies, requiring enhanced documentation and compliance systems. Violations could lead to financial penalties and damaged client relationships, though proper compliance may boost trust with residents and landlords.
The county’s Trespass Towing Advisory Board has raised no objections to the proposal. Tow companies are advised to prepare for potential changes.
Fairfax County, Virginia, is proposing towing regulations requiring notice and a 48-hour wait before removing vehicles with expired registrations, creating new compliance demands for tow operators.
By George L. Nitti
It was another busy day for Jeswald’s Auto Truck Service when a call came in from their dispatch office to pull out a delivery truck that had veered too close to the edge of a narrow gravel road in Bessemer, Pennsylvania, a small town about 40 minutes from Youngstown, Ohio where Jeswald’s is located. The truck had been navigating the one-lane road to make a delivery when a car approached from the opposite direction. The truck's driver tried to make room by moving to the side, but the gravel gave way, and the truck ended up teetering dangerously on the verge of rolling down into a creek.
Jeswald’s lead tow operator Mark Ghrist, who has been in the towing business for 28 years arrived to the scene and observed the FedEx truck was hanging off the edge, with the driver-side front wheel suspended in the air. He said the vehicle was resting precariously on its rear axle, its high center of gravity making it a potential rollover risk if not handled correctly.
“When I got there and saw it was on the verge of going down that little embankment, I knew I needed to stabilize it right away,” Ghrist said. “The front wheel was completely off the ground—I could spin the tire without it touching anything. If I’d just tried to winch it from the side, the whole truck could have toppled over.”
Drawing on his training and experience, Ghrist was luckily able to employ a technique called the “Holmes Tree,” named after Ernest Holmes, the inventor of the wrecker. The Holmes Tree method involves using trees as anchor points to stabilize vehicles, a maneuver that has become a staple among trained tow operators, especially those who’ve taken advanced classes with programs like WreckMaster.
Ghrist backed his 12-ton Century 2465 wrecker into position—a smaller truck than his usual rotator, making the recovery even more challenging. Using chains instead of straps due to the size of the trees, he set up snatch blocks to redirect the winch lines around two sturdy trunks, stabilizing the truck with a side pull that prevented it from tipping over.
“I got excited as soon as I saw those trees. If they hadn’t been there, I’d have had to go with some kind of Plan B,” Ghrist said. “With the big rotator, I could have just picked up the whole truck and put it back on the road, but with the smaller wrecker, it’s a whole different challenge.”
The setup was precise. One winch line pulled the rear axle sideways, while another winch line, rigged around the front leaf spring of the truck, pulled forward and sideways toward the trees. The maneuver worked perfectly, stabilizing the truck and allowing Ghrist to pull it back onto solid ground in about 20 minutes.
Throughout the process, the truck's driver lent a hand, setting up chains and assisting Ghrist as much as possible. Once the truck was safely back on the road, the driver was able to continue his delivery without any further issues.
“This recovery wasn’t the most complicated I’ve ever done, but it was different,” Ghrist reflected. “I like those narrow road recoveries—they always pose a challenge, and it feels great when everything goes exactly as planned.”
Highlight Reel from Inside ShopXpo 2024 inside the Fort Worth Convention Center; 2025 Dates PostedPublished: Wednesday, July 15, 2020 Well, it looks like the trade show season is over for the towing and recovery industry.
Thanks to the COVID-19 pandemic, many if not all of the tow shows that had been planned for 2020 have been cancelled. No doubt that the pandemic has created its share of havoc with the industry’s business owners and ancillary entities.
It’s a shame, too, as I personally was looking forward to seeing all of my good friends in the industry at the American Towman shows. It’s always great to share stories, chug a brew or two and exchange pertinent information with all of the great people that are a part of this industry.
However, in 2020 it is not to be.
I have a strong feeling, though, this industry will bounce back with a vengeance in 2021—and all of us will be looking forward to seeing each other at the industry’s hot spots for trade shows.
Of course, we’ll be in touch through Tow Industry Week and American Towman Magazine, keeping you up to date on the latest news taking place in towing and recovery.
--Charles Duke
--> Published: Wednesday, March 24, 2021
RoadKing has introduced the first of its kind Bluetooth® CB radio that provides complete hands-free communication bringing the CB Radio into the 21st century.
This is the first CB radio to provide a seamless transition between the CB radio, smartphone, and Bluetooth headset with one touch. Pushing the multi-function button on the Bluetooth headset allows the user to switch between a conversation on the CB radio to an incoming call and talk hands-free.This makes for an effortless transition between a CB conversation and an incoming call.
Ready to go out of the box, it includes the best in class RoadKing CB Radio, the RoadKing 940 noise-canceling Bluetooth headset, which is already paired to the radio, a dynamic 4-pin handheld CB microphone, and an optional push-to-talk button.
This industry-first CB radio system also features a 7-color display, NOAA weather alerts, PA function, and talkback. The new RoadKing voice-activated hands-free CB radio is available now at travel centers and truck stops throughout the US and Canada. RoadKing® is part of RoadPro Family of Brands.
The stolen tow truck after it was repainted, wrapped and deployed for action before it was impounded and recovered and brought back to Elizabeth Truck Center by Tavon.
After 46 days, a tow truck stolen from Elizabeth Truck Center in Elizabeth, New Jersey was recovered. The truck, a 2024 Ford F-450 Super Cab wrecker with a Vulcan auto loader, was reported missing on July 9th and was eventually located in Atlanta, Georgia. Concerned about the theft, the towing community rallied together to assist in the search. “We decided it was crucial to get the word out ASAP,” said Joyce Powers, marketing director at the Elizabeth Truck Center. “Everyone in the towing community takes these things personally, and I knew we could count on each other to find the truck.”
Sightings of the truck were first reported in the Bronx and Brooklyn. Initial leads came from tow truck operators who had spotted the vehicle and sent photos confirming its whereabouts. A private investigator was hired to assist in following up on the leads coming in. As the search continued, the truck was found to have been repainted from white to black and later even vinyl wrapped with a fake towing company name!
A breakthrough came when the folks at Elizabeth Truck Center received a tip from an individual in Atlanta a couple of weeks later saying they spotted the truck. Despite some skepticism, the tipster provided photos that confirmed the truck’s identity and police were contacted. The recovery process was complicated though as the urgency of the police response was muted by other variables. Powers said, “It was challenging to secure the vehicle because in NYC and Atlanta, there is a lot of crime going on so our case wasn’t a top priority.”
The turning point came when a tow truck driver named Tavon, a former Rockland County, NY resident now living in Atlanta, contacted Jim and revealed the truck’s location at an impound lot. Once the truck’s whereabouts was confirmed, the team coordinated with the impounding towing company and completed the necessary paperwork. Tavon worked with the team at ETC to get the truck from the impound lot and drove it back to Elizabeth. “He had been following the case closely online and was very familiar with the truck’s description,” said Powers.
When Elizabeth Truck Center received the truck back it had been damaged. It was purportedly used for illicit activities as the thief, who was acting as a fake tow truck operator, didn’t know how to properly operate the wrecker. Powers gave thanks to the Elizabeth Police Department, whom she said “provided valuable support, including facial recognition efforts and fingerprint analysis” and the Officer of the Georgia Highway Patrol who arrested the perpetrator with a felony charge as well as a number of misdemeanors.
But Powers particularly highlighted the comradery of the towing community to crack the case and bring the tow truck back safely. In a message online Steve Pesce Sr. wrote “Thank you Tavon and thank you to our brothers and sisters in the towing industry. I’m proud to be associated with these hard working individuals. When one is hurt we all feel the hurt. Be strong, be safe, and God Bless you.”
Recent studies have found that large pickups, SUVs, and vans significantly contribute to the rise in pedestrian deaths due to their taller ride height and longer hoods, which create larger blind spots. These vehicles are about 45% more likely to cause fatalities in pedestrian accidents. In response, the National Highway Traffic Safety Administration (NHTSA) has proposed a new rule to improve pedestrian safety, potentially affecting vehicles like Ford trucks and SUVs.
The proposed rule would require passenger vehicles under 10,000 pounds, including trucks and SUVs, to be designed to reduce serious injuries in pedestrian crashes. It would establish test procedures simulating head-to-hood impacts using human-like headforms to measure the risk of head injury.
NHTSA Deputy Administrator Sophie Shulman highlighted the urgency, noting a 57% increase in pedestrian fatalities from 2013 to 2022. To address this, Ford has explored solutions such as a bumper-mounted inflatable device and an external airbag system designed to protect pedestrians from impact and prevent them from being pulled underneath vehicles.
Miller Industries, the leader in towing and recovery equipment, is celebrating the 50th anniversary of Century Wreckers with a new YouTube series that highlights the stories behind the groundbreaking products that transformed the towing industry. The latest episode features industry pioneers John Hawkins, Geoff Russell, Ralph McConnell, and Gerry Holmes, who share their experiences and recount key moments in Century's history.
The first episode explores the shift from mechanical to hydraulic wreckers, highlighting the creation of the Century 475 at the Ernest Holmes Company. Despite initial resistance from the Dover Corporation, which was focused on older mechanical models, the team pushed ahead with new hydraulic technology. “Dover wasn’t interested in moving to hydraulics at that point in time,” recalls Ralph McConnell. “They were too invested in the 404 tooling.” Gerry Holmes adds, “We didn’t just want to make towing equipment; we wanted to revolutionize it.”
The series, available on YouTube, captures the spirit of innovation that has defined Century Wreckers for the past 50 years.
Published: Tuesday, September 10, 2024 The American Towman Academy OnLine launched its first webinar series September 4th to very positive reviews. Industry expert Brian Riker began the series with "Liability in Hiring” and gave a stellar presentation, leaving attendees buzzing. Comments that filled the screen at the end of the webinar included, “Great information. Thank You!” from Jacqueline Jolsen and “Thank You, Great Webinar” from Bethany Innella.
According to the latest market report from IBIS World (August 2024) there are over 220,000 tow company employees in the U.S., and not everyone has the time or resources to attend an American Towman Tow Show in person. Recognizing this, American Towman is proud to provide a series of online seminars tailored to tow company owners and their employees. These webinars are a convenient and valuable tool for the education and safety of the towing industry. Thomas Tedford, CEO of Guardian Fleet Services, aptly stated: “Great Job!! Education is the key to success!" - which is a mantra to be echoed.
Don’t miss out on the next session Sept 11, where Terry Abejuela, with 45 years of light-duty and recovery experience, will present on Highway Safety. Learn essential techniques and attitudes to ensure your survival and safety on the side of the road. Sign up today at www.americantowman.com/academy and join us for the next webinar.
Parking in New York City is an Olympic sport, but one Brooklyn man decided to take things to the next level—right into a demolition derby.
On Saturday, September 7, in Sunset Park, Brooklyn, a Chevrolet Silverado owner learned the hard way that fighting a tow truck driver is a surefire way to end up in a cauldron of trouble. According to footage from News 12 BK, what started as a routine tow escalated into a bizarre series of events.
The drama unfolded when the tow truck driver was just doing his job before the Silverado's owner, in a fit of overreaction, decided that he wanted his truck back. A quick scuffle ensued, and then the Silverado's owner made his move: he hijacked the tow truck, Silverado still attached, and took off down the street.
Things got ugly fast, as the Silverado smashed into a Toyota RAV4, and then several other vehicles, leaving a trail of damaged vehicles. As the tow truck turned the corner, the Silverado flipped over in a dramatic barrel roll, and then crash-landed on a parked Kia Sorento. As the dust settled, the Silverado’s owner ditched the stolen tow truck a block away.
The NYPD is still on the hunt for the tow truck hijacker.
In the wake of the tragic shooting at Apalachee High School, a local towing company is stepping up to help the community heal. All County Towing and Recovery, based in Barrow County, Georgia is offering free towing services to students, staff, and parents who left their vehicles at the school following the incident on Wednesday.
The company's owner, who has a personal connection to the tragedy, wants to make sure no one has to relive the nightmare by returning to the school. One of the victims had been his football coach.
"We don't want anyone, especially the kids and their families, to have to go back there right now," he told FOX 5. The company has already towed five or six vehicles overnight and plans to continue providing this free service for as long as needed.
The gesture comes as the community grapples with the loss of four lives, including two teachers and two students, and nine others injured. Georgia Governor Brian Kemp called the event "everyone’s worst nightmare" during a press briefing, praising law enforcement and first responders for their swift action.
By George L. Nitti
It was another busy day for Jeswald’s Auto Truck Service when a call came in from their dispatch office to pull out a delivery truck that had veered too close to the edge of a narrow gravel road in Bessemer, Pennsylvania, a small town about 40 minutes from Youngstown, Ohio where Jeswald’s is located. The truck had been navigating the one-lane road to make a delivery when a car approached from the opposite direction. The truck's driver tried to make room by moving to the side, but the gravel gave way, and the truck ended up teetering dangerously on the verge of rolling down into a creek.
Jeswald’s lead tow operator Mark Ghrist, who has been in the towing business for 28 years arrived to the scene and observed the FedEx truck was hanging off the edge, with the driver-side front wheel suspended in the air. He said the vehicle was resting precariously on its rear axle, its high center of gravity making it a potential rollover risk if not handled correctly.
“When I got there and saw it was on the verge of going down that little embankment, I knew I needed to stabilize it right away,” Ghrist said. “The front wheel was completely off the ground—I could spin the tire without it touching anything. If I’d just tried to winch it from the side, the whole truck could have toppled over.”
Drawing on his training and experience, Ghrist was luckily able to employ a technique called the “Holmes Tree,” named after Ernest Holmes, the inventor of the wrecker. The Holmes Tree method involves using trees as anchor points to stabilize vehicles, a maneuver that has become a staple among trained tow operators, especially those who’ve taken advanced classes with programs like WreckMaster.
Ghrist backed his 12-ton Century 2465 wrecker into position—a smaller truck than his usual rotator, making the recovery even more challenging. Using chains instead of straps due to the size of the trees, he set up snatch blocks to redirect the winch lines around two sturdy trunks, stabilizing the truck with a side pull that prevented it from tipping over.
“I got excited as soon as I saw those trees. If they hadn’t been there, I’d have had to go with some kind of Plan B,” Ghrist said. “With the big rotator, I could have just picked up the whole truck and put it back on the road, but with the smaller wrecker, it’s a whole different challenge.”
The setup was precise. One winch line pulled the rear axle sideways, while another winch line, rigged around the front leaf spring of the truck, pulled forward and sideways toward the trees. The maneuver worked perfectly, stabilizing the truck and allowing Ghrist to pull it back onto solid ground in about 20 minutes.
Throughout the process, the truck's driver lent a hand, setting up chains and assisting Ghrist as much as possible. Once the truck was safely back on the road, the driver was able to continue his delivery without any further issues.
“This recovery wasn’t the most complicated I’ve ever done, but it was different,” Ghrist reflected. “I like those narrow road recoveries—they always pose a challenge, and it feels great when everything goes exactly as planned.”
By George L. Nitti
The call came in like many others Carl Girard received at Wild West Off-Road Recovery for off road recoveries, but this one was different. Place Towing, an Arizona-based company, relayed a message from the Yavapai County Sheriff's Office that would soon set Carl on an unexpected path. A vehicle had careened off a treacherous mountain road and was reportedly down a steep ravine on Thumb Butte Road. Hoist Towing had assessed the situation but quickly realized that it was beyond their capabilities. When it came to handling a job like this, they knew Carl and his crew were the ones to call.
“We specialize in off-road recoveries,” Carl explained. “It’s what we do. We got the call, and even though it was 100 miles away, we had to go check it out.” Carl drove out to the site to assess the scene. When he peered over the edge, he saw that the vehicle, named "Penelope," was wedged between trees and boulders, nearly 1,000 feet down a steep embankment.
To tackle the challenge, Carl called in a team of experienced volunteers, many of whom had worked with the company’s original owner and were now dedicated to assisting in complex technical recoveries. “These are people who have been around for a long time,” Carl said. “They know the ropes—literally and figuratively.”
The operation kicked off early Monday morning with a plan to take two full days. The team split into two groups: one crew stayed at the top to manage the winching, while the other descended the mountainside to Penelope. The first 75 feet were nearly vertical, and the crew had to bushwhack through thick trees and navigate loose soil to get to the vehicle. “The terrain was tough, but once we got past the steep drop, it became more manageable,” Carl noted. “It was still a lot of effort to get down there, but at least you weren’t going to fall off the mountain.”
At the bottom, the team had to carefully attach rigging to Penelope, navigating around large trees and other obstacles. Day one saw slow progress; manipulating the vehicle's movements was a painstaking task that required inch-by-inch adjustments to keep it from getting caught on rocks or sliding back down. By the end of the day, the team had barely made any visible progress. They called it a night, leaving their tools and lines rigged in place, ready for a quicker start the next morning.
Day two began with renewed determination. With their rigging already in place, the crew was able to make quicker headway, slowly but steadily pulling Penelope closer to the top. “It was a lot of pulling, resetting, and then pulling again,” Carl described. The crew operated almost entirely by radio communication, trusting each other's expertise and precision. “They’re down there at the vehicle making all the calls, and I’m up top at the truck, trusting that when they say ‘pull,’ it’s safe to pull.”
As Penelope inched closer to the top, the family of the woman who had tragically lost her life in the crash arrived on the scene. They watched as the battered SUV, which they had named and cherished, was carefully brought back up the mountain. The sight of the family’s emotional reaction deeply moved the recovery team. “We’ve done recoveries involving fatalities before, but we’ve never had the family show up,” Carl said. “It really hit home that this was more than just a vehicle to them—it was a part of someone they loved.”
After two long days, Penelope was finally on level ground. The team towed her to a nearby flatbed and completed the recovery, grateful that they could offer some sense of closure to the family. “It was an emotional end to a hard job,” Carl admitted. “We do this work because we love it, but seeing the human side of it really reminded us of why it matters.”
A towing crew from Wild West Off-Road Recovery faced an unusual and emotional challenge when they were called to recover a vehicle at the bottom of a cliff along Thumb Butte Road in Prescott, Arizona. The vehicle, a small SUV nicknamed "Penelope" by its late owner, was driven off the road on the evening of August 16th.
Carl Girard, a member of the recovery team, shared that it took them two full days to complete the recovery process. "We brought our wrecker, which is basically a twin-line, old-school recovery truck, and we also had to use thousands of feet of cable and line," he explained. The first day of recovery was slow, with the team needing to work around trees and other obstacles.
After the first day, Gerard contacted Chris's mother, Ginger, asking if the family would like to be present when the car was brought up. "Linda was very open and shared a lot of information with us," said Gerard. "We were on the phone for the better part of an hour and a half."
As the crew continued their work, they grew emotionally connected to Chris's family. "It hit hard for us, especially when I found out from Ginger that the vehicle's name was Penelope," Gerard reflected. "On the first day, it was just another vehicle; we knew there was a casualty involved, so we were treating it with care, but we didn't have that personal connection."
When Penelope was finally back on the road, the team gave the family time with Chris's beloved car. Gerard noted that the entire group was emotional. "I still get worked up over it," he admitted.
While recovering Chris's Toyota 4Runner, the team discovered three other vehicles down the embankment. Gerard noted that one of these vehicles posed an obstacle they had to navigate to get Penelope out.
The investigation into the fatal crash involving Chris is still ongoing.
By Randall C. Resch
A rickety wheelbarrow “full of pennies” is making its way toward your facility’s release window. You know the drill. Some upset fool is seemingly bent on disrupting your company’s otherwise, easy day.
The customer’s ever-growing smirk goes wide-eyed with intentional glee, suggesting, “I’m getting you back for towing my car.” Because they’ve got an “axt ta’ grind”, they’re certain to make their presence known. Bringing you a ‘barrow full of pennies is simply their protest.
Following close behind is an involved third party sporting a cellphone to video record what’s about to take place. This transaction likely is destined to appear on social media or drive time news.
I’ll Show You
Under the Coinage Act of 1965, “An individual arriving to pay their debt is within their legal right to pay in pennies.” According to the U.S. Department of the Treasury, "United States coins and currency are legal tender for all debts, public charges, taxes and dues."
Because the Coinage Acts requires accepting payment for all debts, perhaps tow personnel should manipulate said transaction that requires action on the customer’s part.
According to MoneyStackExchange.com, “Private businesses are free to develop their own policies on whether to accept cash unless there is a state law which says otherwise.”
Good, Better, Best
In dealing with this wheelbarrow full of pennies, consider three options:
Option One: Refusing to take their payment, tow personnel can end up in hot water. Just know the disgruntled vehicle owner is actively setting the tow company up for a lawsuit. It’s all about them “getting revenge.”
Option Two: A better suggestion says, “Yes, we’ll gladly accept your rolled pennies sir/Maam as payment, but you (the customer) have to roll the coins in bank acceptable paper rolls. Doing so isn’t a refusal to accept pennies. I see it as a reasonable and prudent way to call their bluff. Will you toss them a handful of paper rollers telling them, “We’ll accept your pennies, but they need to be rolled.”
Option Three: Should you dedicate an employee to count the pennies, asking P. Pusher to wait (outside) as personnel count pennies, one at a time. Personally, as busy as it gets in the business office and because distractions are bound to occur, there’s no doubt tow personnel might likely to lose count within the first half-hour. That being the case, it’s likely necessary to start over at the beginning. “Oh no? Did we lose our place, again?”
In today’s age of credit card transactions, vehicle owners typically don’t stoop so low as to pay with pennies. But there’s always some cantankerous fool willing to do so. So, how would you handle it when Mr. Instigator stands at your release window?
First and foremost, learn this, Mr./Mrs./Ms., P. Pusher is deeply bent on disrupting your business activities. While they’re acting as a self-centered, entitled jerk, it’s important for tow personnel to provide the very best customer service while turning the tables and accept their payment.
Note: There’s nothing in the Coinage Act of 65’, mentioning how much time it takes to count pennies one by one. If a tow invoice costs one-thousand dollars, does it mean you count 100,000 pennies? And I’ll bet that it takes a really long time to get an accurate count, not to mention the high probability of being distracted along the way.
Calling the Cops
Some police officers aren’t knowledgeable about the “nuts and bolts” written in the Coinage Act. On one hand, it’s soothing to watch the cops take the heat, knowing they too are likely being dragged into a set-up lawsuit, when it comes at the heels of them refusing to enforce the Coinage Act. Better them than you, right?
Because the Coinage Acts requires accepting payment “for all debts,” perhaps tow personnel manipulate said transaction by requiring action on the customer’s part? Don’t call 911 to settle Penny Pusher’s intentional disagreement; let them call to tell arriving officers that the window staff’s taking too long.
While it’s law enforcement’s job to protect the peace, some officers may interject judgement that suggests “it’s a civil matter.” If that’s the case, Mr. Pusher may become more irritated and obstinate, but didn’t he, she, or it, initiate this transaction? Remember, customer service comes in all sizes, shapes and scenarios. I believe having a little fun and turning the tables on Penny Pusher makes for a good day.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 27-years, he has contributed more than 700-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
By. Brian J. Riker
In browsing social media, I see requests for established businesses to share their company policy or employee handbook almost daily. Some may ask, what’s the harm in this? After all it is just some words on a page to make the insurance company happy, right? Wrong, and your misunderstanding of the importance of a custom company handbook could cost you everything!
What good is a policy if it is not enforced? As towers, we know firsthand how dangerous it is working roadside, yet there are plenty of laws on the books that should protect us, although that isn’t the case because often they are not adequately enforced. The same concept holds true with your employee handbook, company polices and standard operating procedures. Whatever you have on paper in your book better be what you are enforcing with your team, and you better be prepared to prove you are enforcing it.
Building upon Randall Resch’s column last week, Defending Explosive Settlements, it is much more than just when the other party is mostly responsible for their own injuries. Yes, every point he made in his article is 100% valid, and critical to your success; however, what happens when it was your employee that made the mistake? How does it look to the finder of fact, or the jury, when you had a policy in place to prevent the injury or loss, yet you failed to enforce it?
Honestly, it is worse to have a generic policy in place and ignore or fail to enforce it than it is to not have any policy in place. I have been involved in multiple cases where Plaintiff counsel will try to paint a picture of an irresponsible, poorly managed company that has no understanding of what a Standard of Care may be.
One of the easiest ways they can do this is by pointing to your own company document that says “thou shall not do this” then ask when was the last time, you Mr. Tow Boss, disciplined or fired an employee for violating any of these rules in the book? It is not just in court either, when the Federal Motor Carrier Safety Administration or the Occupational Health and Safety Administration comes knocking for an audit, which they do quite often in the towing industry. One of the first things they will look for is internal documentation of a safety policy, immediately followed by documentation of violations and corrective actions.
No company is perfect, so it is not doing you any favors when you can’t point to a few corrective actions. In fact, it serves just the opposite by proving you have no effective safety controls in place if you are not catching at least some of your team violating the rules occasionally.
Another issue is the generic, or borrowed, policy manual. I have read several that were so bad they didn’t even bother to remove the other company’s name from the document. Literally, they just put their name on the front page and the rest was stolen content from another company, often not even towing specific.
What can I do? These policies do not have to be hundreds of pages long, in fact the simpler the better in many cases. Outline realistic expectations for safe operations, stay away from overly broad, blanket statements and make sure you point to industry accepted methods or standards that do not encourage your team to break any law or regulations. Craft your policies so that they are reasonable and attainable, not some pie in the sky goal of perfection.
One final note regarding creation of these policies: stay away from platitudes like “Safety First.” Plaintiff attorneys have made a fortune over the past few years pointing to unattainable or overreaching company statements in policy documents, in websites or even emblazoned on their trucks echoing the sentiment of “safety first.”
One extreme example is a wrecked truck with a similar phrase clearly visible in a very graphic crash photo where the attorney asked the Safety Director, and I am paraphrasing: “If safety is your first approach to operating a company, then why do you allow your drivers to operate in any form of inclement weather? Are you not needlessly endangering the public just to make an appointment time to avoid a financial penalty?”
This paints the trucking boss into a corner, answer either way and they have agreed that their “safety first” policy is unrealistic. Instead, try using language like “we strive for safety every day,” something not so exacting, similar to the concept of never say never. Same concept with a zero tolerance policy towards speeding, or anything else. If the rule is not realistic, or not stated as a goal rather than an exacting expectation, it may not be defensible in court.
And, finally, take corrective actions to hold your team, including yourself, accountable to whatever your company policy is. If it is not documented then it didn’t happen, and no, a verbal warning without a note in the employee file is not proof you are using an effective safety management system in your workplace.
By Randall C. Resch
How many of you don’t, won’t and openly refuse to set cones, flares or triangles at roadside incidents? Providing advanced emergency warning is one important topic that shouldn’t be sidestepped, yet I’ll beat this dead horse again. Let’s focus on “Explosive Settlements” whereby another motorist or party primarily caused their demise or injury but were awarded regardless of disputed fault.
As a “Damned if you do, damned if you don’t” consideration, towers generally rebuke what practices should be provided to create a higher level of operator safety on scene, and to forward a message that a dangerous situation is present. Based on more than 600-tow operators killed in on-highway or shoulder events, ask yourself, “Does adding cones, flares, or triangles make a difference in providing advanced warning while actively working during roadside incidents?”
Best Roadside Actions
There’s plenty of media accounts describing events in which distracted motorists plow the rear of stopped, disabled vehicles, or running into a parked tow truck assisting motorists. Should the (striking) motorist be killed, some attorney will likely blame the tower’s actions (or lack thereof) because he or she failed to provide advanced emergency warning to approaching motorists.
Advanced emergency warning is where emergency lighting, traffic control, or other roadside devices and equipment are activated and situated to provide notice to approaching traffic. But, for the average untrained tow operator, do they have topic specific training in MUTCD practices? Typically, that answer is “No.”
You’ve heard the excuses: “They (cones) take too long to set up;” “We don’t carry flares;” “I can hook-up faster than it takes to set em’ up.” When it comes to on-scene safety, being skilled in hook-up procedures is a solid quality; however, legal settlements are based on doing something proper versus doing nothing at all.
And when these kinds of wrongful death or injury scenarios occur, they result in “Explosive Settlements,” in which guilty verdicts translate into high-dollar awards.
Why the Need?
For 35 years, operator safety has been my life-long mission, and I’ve made it my practice to review operator fatalities. As read in NIOSH, OSHA, highway patrol and police investigations, there are obvious patterns in which a percentage of towers are killed because (they) themselves were walking, working, or standing in harm’s way.
Specifically, many fatality investigations contain detailed, associated factors describing what caused a fatality. In many cases, it’s oftentimes determined that operators failed to deploy some kind of advanced emergency warning such as cones, flares and triangles.
Simple to Extreme
You can justify not using them all you want, but truth and reality often go hand in hand. When it comes to explosive settlements, consider this. In September 2020, a Southern California bicyclist rode his bicycle into an inner-city intersection at the same time a city crew was mopping up stormwater repairs.
Parked curbside was a city owned “Vactor pump truck” that didn’t have its emergency lights on or were there other roadside devices to alert drivers and cyclists of the existing road hazards and conditions.
As the Vactor truck was parked in the bike lane doing its work (for approximately 45-minutes), one city worker “prematurely” picked up cones thinking it was time to leave. In that unfortunate occurrence, the investigation revealed the bicyclist was killed when he crashed into the city truck.
Although it appears the cyclist was most likely at fault for striking the city truck, the jury found city workers responsible for not maintaining advanced emergency lighting and roadside warnings. In this case, the “Explosive Settlement” awarded 2.9-million dollars to the deceased cyclist’s family. While naysayers complain the bicyclist was at fault, none-the-less, the court found the city’s workers held responsibility in his untimely death.
Compare this off-the-wall incident to what typically occurs in the towing and recovery industry. If someone were to strike your legally parked tow truck, or a motorist’s disabled vehicle parked curbside or on a highway’s shoulder, what liability still exists should you fail to provide advanced emergency warning to include activating overhead emergency lights and or flashers?
Considering that crashes occur without notice, or because of unsafe movement by a distracted motorist, is it worth losing one’s livelihood because the tower was too lazy or didn’t like using cones, flares or triangles? I’ll leave it to your good senses to figure what’s proper based on lessons learned.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 700-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
