The when ready response to a fatal collision
When a tow truck driver dies in a collision, the scene becomes a crime scene and a workplace fatality investigation simultaneously. State police or the highway patrol will find the area and document the crash. The Occupational Safety and Health Administration (OSHA) will open a separate investigation into whether workplace safety rules were broken — this happens regardless of who was at fault in the collision itself.
The tow company's insurance carrier will also begin an investigation, usually within 24 hours. They will interview witnesses, obtain police reports, and examine the truck's maintenance records and the driver's logbook. This investigation determines whether the company bears liability and what the death will cost in claims.
The driver's family will be notified by police, not by the employer. In most states, the employer is required to report the death to OSHA within eight hours if the death occurred at work or during a work-related task, or within 24 hours if the death occurred off-site but the injury happened at work.
Key Takeaways
- OSHA investigates all workplace deaths in the towing industry to determine whether safety violations contributed, separate from the police investigation of the crash itself.
- The tow company must report the death to OSHA within eight hours if it occurred during work, and the company's insurance will open its own investigation to determine liability.
- Workers' compensation covers the driver's medical expenses and funeral costs, and provides death benefits to the spouse and dependent children, but the amount varies by state.
- The driver's family may have grounds for a wrongful death lawsuit against the at-fault driver, the tow company, or both, depending on the circumstances and state law.
- Tow truck drivers face higher fatality rates than most other occupations because they work on active roadways with moving traffic and often work alone or at night.
How OSHA investigates a tow truck fatality
OSHA's investigation focuses on whether the tow company failed to protect the driver from a hazard it should have known about or controlled. Common violations in towing include inadequate traffic control, failure to require high-visibility clothing, lack of training on roadside safety, defective equipment, or pressure to work in unsafe conditions (such as during heavy rain or on high-speed highways without proper backup).
OSHA inspectors will interview the company's management, review the driver's training records, examine the truck's maintenance logs, and inspect the equipment involved. They will also look at whether the company had a safety plan for roadside work and whether drivers were trained on it. If OSHA finds violations, it can issue citations and fines; if the violations were willful or repeated, the penalties are higher.
The OSHA investigation is separate from the police investigation. Police determine whether a crime was committed or who was at fault in the crash. OSHA determines whether the employer created or allowed unsafe working conditions. Both can conclude that violations occurred.
Workers' compensation and death benefits
The tow driver's family is covered by the tow company's workers' compensation insurance. This is a no-fault system — the family does not have to prove the company was negligent to receive benefits. Workers' compensation pays funeral expenses (usually up to a set amount, such as $5,000 to $10,000 depending on the state) and provides ongoing death benefits to the spouse and dependent children.
Death benefits are typically calculated as a percentage of the driver's average weekly wage — often 50 to 66 percent — and are paid weekly or in a lump sum. The amount and duration vary significantly by state. Some states pay benefits until the youngest child reaches age 18; others continue until age 23 if the child is in school. A surviving spouse may receive benefits for life or for a set number of years, depending on state law.
The family should file a workers' compensation claim when ready. The tow company is required to provide claim forms and information about the process. If the company does not cooperate or if the claim is denied, the family can request a hearing before a workers' compensation judge. Many states allow the family to hire an attorney to represent them in this process.
Wrongful death lawsuits and third-party liability
Workers' compensation is usually the only remedy available against the employer — the family cannot sue the tow company for additional damages even if negligence caused the death. However, if a third party caused or contributed to the collision, the family may have a wrongful death claim against that party.
A third party could be the driver of the vehicle that struck the tow truck, the owner of a vehicle being towed if it was defective, a road construction company if poor traffic control contributed to the crash, or a manufacturer if a defect in the tow truck itself played a role. The family's attorney will investigate the collision to identify all potentially liable parties.
Wrongful death claims seek compensation for funeral and medical expenses, lost income the driver would have earned, loss of companionship, and pain and suffering. The amount recovered depends on the driver's age, earning capacity, and the strength of evidence that the third party was negligent. These cases often take years to resolve and may go to trial.
Why tow truck drivers face higher fatality risk
Tow truck operators have one of the highest fatality rates among all occupations — roughly five times higher than the average for all workers, according to data from the Bureau of Labor Statistics. The primary reason is that tow work happens on active roadways where drivers are exposed to moving traffic while performing their job.
Additional risk factors include working alone (no backup if something goes wrong), working at night or in poor visibility, working in bad weather, and time pressure to clear the road quickly. Many tow companies operate on thin margins and may not invest in safety equipment such as arrow boards, traffic cones, or reflective vests. Some drivers are pressured to take jobs in conditions they consider unsafe.
The National Highway Traffic Safety Administration (NHTSA) and industry safety organizations have published guidelines for roadside safety, including requirements for high-visibility clothing, proper positioning away from traffic, and use of warning lights and cones. However, compliance varies widely, and enforcement is limited.
What the family should do when ready after the death
The family should obtain a copy of the police report as soon as it is available — usually within a few days. This report will document the collision, identify witnesses, and may indicate whether the at-fault driver received a citation. The family should also photograph the scene if possible and collect contact information from any witnesses.
The family should notify the tow company's insurance carrier and request the workers' compensation claim forms. They should also consult with a personal injury or wrongful death attorney, particularly if a third party was involved in the collision. Many attorneys work on contingency, meaning they are paid only if the case is won or settled.
The family should keep all medical records, funeral bills, and correspondence related to the death. These documents will be needed for both the workers' compensation claim and any wrongful death lawsuit. If the family receives a settlement offer from an insurance company, they should not accept it without consulting an attorney first.
How to report safety violations in the towing industry
If you work in towing and have witnessed unsafe conditions or practices, you can report them to OSHA. Reports can be made online at osha.gov, by phone at 1-800-321-OSHA, or by mail to your regional OSHA office. You can file a report anonymously, and OSHA will not disclose your identity to the employer without your permission.
You can also report violations to your state's labor department or occupational safety agency. Some states have separate towing industry oversight or licensing boards that accept safety complaints. If your employer retaliates against you for reporting a safety violation, that retaliation is itself illegal under OSHA's whistleblower protection rules.
Industry organizations such as the American Towing Association also maintain safety resources and may accept reports of unsafe practices. Reporting does not may provide when ready action, but it creates a record that can support future enforcement or investigations.
Frequently Asked Questions
Can the family sue the tow company if the driver was killed at work?
No, not for additional damages beyond workers' compensation. Workers' compensation is a trade-off: the employer pays for medical costs and death benefits without the family having to prove negligence, but the family gives up the right to sue the employer. The family can sue a third party (such as the at-fault driver) if one exists.
How long does it take to receive workers' compensation death benefits?
Funeral expenses are usually paid within two to four weeks if the claim is straightforward. Ongoing death benefits typically begin within four to eight weeks, though this varies by state and whether the claim is contested. If the claim is denied, the family can request a hearing, which may take several months.
What if the tow company did not have workers' compensation insurance?
Most states require tow companies to carry workers' compensation insurance. If the company did not, the family may be able to recover from the state's uninsured employers fund, which exists in most states specifically for this situation. Contact your state's workers' compensation board for details.
Who investigates the collision — police or OSHA?
Both, but they investigate different things. Police investigate whether a crime was committed and who was at fault in the crash. OSHA investigates whether the employer created unsafe working conditions. The police report is usually available within days; the OSHA investigation can take weeks or months.
Can the family get a copy of the OSHA investigation report?
Yes. OSHA investigation files are public records and can be requested from the regional OSHA office. You can also search for OSHA citations and inspection results on osha.gov. The report will show whether violations were found and what penalties were issued.