As a Virginia (VA) personal injury lawyer, I know that the man's family and loved ones are reeling from his sudden loss. The worst part of the whole thing is that the at-fault driver didn't even bother to stop. In fact, police are still looking for the driver of a red Nissan Pathfinder that caused the wrongful death of the tow truck driver.
The tow truck driver, James Schreiber Jr., was only 38-years old and had just pulled over to help the driver of a truck that had broken down on the shoulder on Route 100 near Oakwood Road when he became the victim of the fatal car accident.
Personal injuries to motorist and first responders alike have spurred several states to enact "move over" laws. It is common sense to move over a lane when you see someone on the side of the road but these statutes makes it a crime not too. The intent of each move over law is to provide an extra barrier of safety for police officers, firefighters and rescue personnel working along roads. It is hoped drivers will become more aware of police and emergency workers and move away from them or slow down as they pass by a traffic stop or accident scene.
I know that if the at-fault driver is not found, as sometimes occurs after hit-and-run accidents, then the tow truck driver's family will have a tougher time recovering from the death of their loved one. The reason is that the victim's insurance company will have to cover the cost under the uninsured motorist clause. In other words, even if the hit-and-run driver does not have car insurance, most state laws have this special uninsured motorist -- UM or UIM -- coverage automatically attached to every car owner's insurance policy. UM coverage means that an insurance company must pay you for your medical expenses, permanent injuries, lost wages, disfigurement, pain and suffering, and all other damages that clearly arise from the other driver's fault or negligence.
Wrongful death accidents caused by hit-and-run drivers are often overwhelming for a family, so we've written a special, in-depth consumer report about how to deal with an uninsured/underinsured driver and ways to protect yourself. Download the uninsured/underinsured driver report here for free.