Towing Issues: road safety practices, safety flares, tow truck driver

Question

camphoto Can you please direct me to a source that lists what the NYS law requires of a tow truck driver in cases where he must temporarily stop traffic to get a car out of a ditch by winching across a roadway?

I was involved in an accident where I ran into a tow cable on a street at about 20 mph, where there were no safety flares or devices for warning oncoming traffic that there was an obstruction in the road. My car is  totalled.

The tow truck was parked on the side of the street. The driver was with the vehicle being winched over an embankment and neither he nor the disabled vehicle could be seen by myself coming up the hill. He had the vehicle attached to the cable at the time I hit it.

Pic is of where truck was parked at the time I hit the cable, I was travelling towards the picture taker and the disabled vehicle is out sight of the camera in some woods on the right.

I am very thankful that neither I nor the tow driver was injured. The cable actually bit into the steel of the roof pillars and passenger side door frame. It bent them along with shattering the windshield and passenger side door window. I have to sue for damages, because I had no collision coverage and his insurance company said I was negligent and should have been more careful since he had his lights on.

It seems to me the other way around.

Thank you.  

Answer
Honestly there isn't any specific state law regarding recovery techniques and procedures for your situation. I am assuming police were not on scene blocking or directing traffic since you drove into the cable. If they were they would have been in charge and responsible for lane blockage and closure. In my opinion, I would agree some other indication (other than beacon lights) such as flares or cones should have been used for lane closure if police were not on scene. As I said this is just my professional opinion and others may disagree. My suggestion at this point is professional advice from an attorney for your options. Good luck and glad nobody was injured!