I came back to my car and found out it was being towed. I asked the tow truck driver why and he said that it was illegally parked. I told him it was not and we got into an argument. He then hit me, breaking my jaw. Can I sue the tow truck company for this injury?
Perhaps. The tow truck company is not responsible for the intentional acts of a tow truck driver, and from the description of the incident it sounds like this was an intentional rather than a negligent injury.
However, an employer can be held to bear some level of responsibility when its employees intentionally cause harm if the employer negligently hired, trained or supervised the employees or negligently failed to fire them if the employer knew or reasonably should have known that the employee presented a risk of injury to members of the public.
Thus, the potential liability of the employer is a very fact-specific question. An experienced personal injury lawyer can guide you through the process of determining if you have a claim against the tow truck driver’s employer.
John Day represents personal injury victims and families of wrongful death victims. He is board-certified as a civil trial specialist by the National Board of Trial Advocacy and, in fact, served as President of the organization. He is an elected member of the prestigious American College of Trial Lawyers. His book, "Day on Torts: Leading Cases in Tennessee Tort Law," is used by judges and lawyers across Tennessee to further their understanding of personal injury and wrongful death law in Tennessee. In 2009, Best Lawyers named John "Best Personal Injury Lawyer" for Nashville; he was the first recipient of that award. Best Lawyers also named John as "Best Medical Malpractice Lawyer in Nashville" for 2010. John does not charge for an initial consultation and accepts personal injury and wrongful death cases on a contingent fee basis. You can reach him by telephone at 615.742.4880 or by email by clicking here.