I believe this was in Georgia...so, hold my beer!

I just saw another article that stated the tow truck did in fact have its emergency lights on.

https://www.floridatoday.com/story/...mp-in-georgia/70281061007/#lifsuhbqirm49ahgzp
Where? Facing forward maybe? Tow truck operator is in full CYA mode no doubt:

Here is the text from federal DOT rules for commercial vehicles. Truck drivers are required to know this.

(v) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the warning devices required by paragraph (b)(1) of this section, one warning device at a distance of 200 feet and one warning device at a distance of 100 feet in a direction toward approaching traffic

Section 392.25

Warning device is a flare or one of those lit warning triangles there all required to carry by law.



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Even if the tow truck did not have its lights on, it was stationary. Parked.

Clear day. Visible for miles.

Hitting a stationary object, lights or no lights, is clearly the fault of the driver.

If they had been looking at the road (clearly they weren’t) they would’ve seen that this truck was NOT MOVING, and had time to either brake, or change lanes.
 
I completely agree that the driver wasn't paying attention. They will suffer for it the rest of their life due to injuries likely.

I also guarantee the tow truck driver and company will be sued, and they will loose. The tow truck clearly violated federal commercial vehicle regulations with no possible excuse. Its negligent, and even though the maxima driver should have been able to avoid the accident, a jury likely won't excuse the violation.

It is a bad deal all around for everyone.
 
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My experience with flat-bed tow truck operators is that they don't lower the bed until moments before they are ready to load the vehicle on it. I expect that there's a reason why they don't lower the bed 10 minutes prior to loading the vehicle on it....gee...what could it be...let me think here...
 
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