A personal injury lawsuit has been filed in Harris County, Texas after a woman suffered serious injuries when a tow truck driver ran over her foot while attempting to tow her vehicle from an apartment complex parking lot. The case arises from an incident that allegedly occurred on October 14, 2022 in Harris County, Texas.
According to the petition, the Plaintiff was visiting a friend at the ICON apartments and obtained a visitor parking pass, which she displayed on her windshield. The petition alleges the tow truck driver ignored the pass and proceeded to attach the Plaintiff’s vehicle to the tow truck.
The lawsuit claims that before the tow occurred, the Plaintiff went to her car to retrieve work clothes. The petition alleges the tow truck driver then backed up without regard for her safety, running over her left foot and causing significant pain and injury.
The petition further alleges the investigating officer determined the tow truck driver’s unsafe backing was the sole contributing factor to the incident. The petition also alleges the driver fled the scene, and no charge was issued for that reason.
The Plaintiff is represented by Marcus Spagnoletti and Eric Rhine of the Spagnoletti Law Firm.
Allegations of Negligence Against Space CT Towing, LLC
The petition alleges the incident and resulting injuries were caused by the negligence and gross negligence of Space CT Towing, LLC and its driver.
According to the lawsuit, tow truck operations in residential parking areas create foreseeable risks to pedestrians, and companies are expected to use safe procedures when moving and backing commercial vehicles in close quarters. The petition alleges Space CT Towing failed to meet those obligations.
The lawsuit claims Space CT Towing was negligent in ways that include:
- failing to properly train the tow truck driver
- failing to properly supervise the driver
- failing to take reasonable precautions for pedestrian safety
- failing to warn pedestrians of the moving vehicle
- failing to adhere to regulations related to driver qualifications
Why Backing Incidents With Commercial Vehicles Can Be So Dangerous
Tow trucks are heavy commercial vehicles with blind spots and limited rear visibility. In apartment complexes, people routinely walk between parked vehicles, step into lanes unexpectedly, and approach their own vehicles while drivers are maneuvering.
That is why safe backing procedures matter. Depending on the setting, safe operation can include slowing to a crawl, using mirrors effectively, confirming the path is clear, and pausing when pedestrians are nearby. When a commercial driver backs without maintaining awareness of the area behind the vehicle, even a low-speed roll-over event can cause severe injuries.
Foot and ankle injuries can be especially serious in run-over incidents because of crushing forces, the risk of fractures and soft-tissue damage, and prolonged recovery periods. These injuries can also interfere with a person’s ability to return to work or remain on their feet for long periods.
Investigation and Evidence in Tow Truck Injury Lawsuits
Cases involving parking-lot injuries often turn on what the driver did immediately before backing up, whether any warnings were given, and what safety procedures the company requires for towing operations.
An accident report can provide an early baseline of what law enforcement observed at the scene and which factors were identified as contributing to the incident.
Other key evidence may include photographs of the parking area, the tow truck’s position, the location of the Plaintiff relative to the vehicle, and any written towing policies for that property or contractor.
When available, surveillance video from apartment security cameras may show whether the tow truck driver checked the area behind the vehicle, whether the Plaintiff was visible, and how the maneuver occurred.
In many cases, witness testimony from residents or bystanders can help confirm what warnings were given, what the driver appeared to be doing, and whether the driver left the scene.
When there is concern that relevant materials could be lost, a preservation letter may be sent to request retention of video, dispatch records, and any internal documentation related to the tow.
Damages Alleged in the Petition
The petition seeks recovery for injuries and damages allegedly caused by the incident.
In serious injury lawsuits, damages are often evaluated under categories that include economic damages (such as medical expenses and lost earnings) and non-economic damages (such as pain and suffering and mental anguish).
The petition specifically includes claims for lost earnings and loss of earning capacity.
The petition also includes a claim for future disfigurement.
Contact a Personal Injury Lawyer
Tow truck incidents in apartment complexes can cause painful injuries and long recoveries, especially when a pedestrian is struck or run over during a backing maneuver. These cases often depend on early investigation, preserving critical records, and confirming what safety practices were in place.
Spagnoletti Law Firm represents individuals injured in serious accidents and investigates claims involving commercial vehicle operations and unsafe work practices. Our attorneys handle cases on a contingency fee basis, meaning you pay nothing unless compensation is recovered.
Contact Spagnoletti Law Firm for a confidential consultation at 713-804-9306. You can also contact us online to discuss the situation and learn more about the legal options that may be available.