Tow Truck Ripped Off My Bumper, who is at fault?

anything you signed after he did the damage doesn't apply to the damage he did before you signed it.......

 

If you signed it then you already know the answer to your question.

 

Is this your personal opinion, or is there a legal basis for it?

 

The towed vehicle is still in "possession" of a wrecker until the towed vehicle & wrecker (including all wrecker devices used on the towed vehicle) are separated, and the towed vehicle is stationary and secure.

Your towed vehicle was not secured, and obviously not stationary.

Wrecker man needs to man-up and eat this one.

And yes, the lumber process you described is how it's done.

 

If the driver would have set the brakes as we drivers normally do.

I mean. Who gets out of the truck without setting the brakes?

Then there's the brakes set but truck still rolls. Isn't it the drivers responsibility to make sure brakes are adjusted and working.

That bumper would still be there if the brakes were set.

 

I'm assuming this happened after the truck was towed, since the Peterbilt sign is in the background, at which time the driver would not be in the truck, and the brakes would be released (to allow towing). If my assumption is correct, it would be the tow truck operators responsibility to make sure the brakes are set prior to lowering the steer axle completely down on the blocks.

 

Saw a tow truck attempt to pull a bobtail without locking the steering, bobtail swung and hit a parked rig. Was the driver responsible?

 

The driver wasn't in his truck to set the brakes, the wrecker man was still doing his job, which includes setting the brakes of the breakdown vehicle.

 

Yup, we do it on every low front-end truck, that's just the way it is, everywhere.