Towing Issues: Tow truck liability, tow truck company, tow truck driver

Question
QUESTION: A tow truck metal arm was not secured properly and fell from the tow truck, it fell onto the freeway and there was no way to avoid running over it. Is the tow truck company responsible for the incident?

ANSWER: What state are you in? Were the police notified? Was an accident report done? Did the driver of the tow truck stop? How much damage was done?

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QUESTION: ca/ yes the highway patrol was involved and no incident report was made. yes the tow truck driver stopped. there was about $3,000 dollars worth of damage.

Answer
With that much damage a report should have been done. More than likely they considered it a road hazard. Once an item hits the road it becomes a hazard, not an accident. If you have insurance I would give them the information and let them argue with the towing company.