If a tow truck company towed our car and wrecked the transmission on it, what kind of lawyer should we use for this case?

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If a tow truck company towed our car and wrecked the transmission on it, what kind of lawyer should we use for this case?

Asked on September 26, 2012 under Accident Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should select an attorney who handles civil litigation.  You will need to sue the tow truck company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable tow truck company would have exercised under the same or similar circumstances to prevent foreseeable harm).  In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the tow truck company towing your car, would the transmission have been damaged?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the tow truck company of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of monetary compensation you are seeking in your lawsuit for negligence against the tow truck company.  Your damages would be the cost of repairs to the transmission.  You will need to mitigate (minimize) damages by selecting a transmission repair shop whose fees are comparable to other transmission repair shops in the area.  If you were to select the most expensive transmission repair shop you could find, your damages would be reduced accordingly.  If you need a rental car while your car is being repaired, your rental car cost should be included in your damages.  You will need to mitigate damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you would have failed to mitigate damages and your damages would be reduced accordingly.

Prior to filing your lawsuit against the tow truck company, it may be possible to settle the case with the tow truck company's insurance carrier.  If that is not possible, proceed with your lawsuit for negligence as discussed above.  If the case is settled with the tow truck company's insurance carrier, NO lawsuit is filed against the tow truck company.


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