Is It Illegal to Tow a Car With Someone in It in 2026?

Yes, it is illegal to tow a car with someone in it in most US states, and the few states without a specific law still expose everyone involved to serious legal liability. This isn’t one of those gray-area traffic questions. Sitting inside a vehicle while it’s being towed puts you at real physical risk and real legal risk.

Most people assume this only comes up in movies or freak accidents. But tow truck operators, repossession agents, and even friends helping each other out have all faced charges after someone stayed inside a vehicle during a tow.

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This guide covers the 2026 state-by-state legal breakdown, the penalties involved, what tow truck companies are liable for, and the key differences between flatbed towing and traditional towing that affect the legal picture.

Is It Illegal to Tow a Car With Someone in It

Towing a car with a person inside is illegal in the majority of US states, either through specific towing statutes or general traffic safety laws. No federal law directly bans passengers in towed vehicles, but state motor vehicle codes across the country address it clearly.

The reasoning is straightforward. A towed vehicle has no driver in control, no functioning brakes under normal use, and in many cases, no active airbags or power steering. Putting a person inside that vehicle creates an obvious and documented safety hazard.

States like California, Texas, New York, and Florida have explicit provisions making this illegal. Other states, while lacking a dedicated statute, use general “unsafe vehicle operation” or “endangering a passenger” laws to prosecute these situations.

• California: Vehicle Code Section 21712 prohibits riding in a towed vehicle.
• Texas: Transportation Code Section 545.420 bans passengers in towed vehicles.
• New York: Vehicle and Traffic Law addresses unsafe towing conditions.
• Florida: Florida Statutes Chapter 316 covers occupant safety in vehicles being towed.

Even in states without a clear specific statute, law enforcement can use reckless endangerment or general traffic safety laws to charge the tow truck operator, the vehicle owner, or both.

The person riding inside the towed vehicle can also be charged in some jurisdictions, particularly when they knowingly chose to stay inside against the tow truck operator’s instructions.

Is It Illegal to Tow a Car With Someone Inside

Towing a car with someone inside it is illegal in most states, and the word “inside” matters legally because it distinguishes riding in the towed vehicle from riding in the tow truck cab itself. Riding in the tow truck cab is generally legal. Staying inside the vehicle being towed is the problem.

The distinction comes from how state vehicle codes define “occupant” and “towed vehicle.” California’s Vehicle Code Section 21712 is one of the most cited laws on this issue. It explicitly states that no person shall ride in a vehicle being towed by another vehicle on a highway.

Here’s how the situation typically plays out in real life:

A car breaks down on the highway. The tow truck arrives. The driver or a passenger decides to stay in the car during transport rather than climb into the tow truck cab. That decision, however innocent it seems, creates criminal exposure in most states.

The tow truck operator carries the most legal weight here. Their professional license and liability insurance are both on the line if they tow an occupied vehicle and something goes wrong.

Is It Legal to Tow a Car With Someone in It

Towing a car with someone inside is legal in a small number of states that lack a specific prohibition, but “legal” in those states still doesn’t mean “safe” or “liability-free.” The absence of a specific law doesn’t protect you from civil negligence claims.

Roughly 10 to 15 states have no explicit statute banning passengers in towed vehicles as of 2026. In these states, the practice exists in a legal gray zone. Law enforcement may not cite you specifically for the act, but they can cite you under related provisions involving unsafe vehicle operation or reckless driving.

The practical reality: even in the most permissive states, tow truck operators typically refuse to tow occupied vehicles because their commercial insurance policies prohibit it. That policy-level prohibition carries more weight in day-to-day situations than the state statute.

Key legal gray zone states (no specific statute as of 2026):

• Montana
• Wyoming
• South Dakota
• Idaho
• Arkansas

Even in these states, if the vehicle is being towed on a public highway, the driver of the tow truck remains responsible for the safety of the entire operation. If a passenger is injured while inside a towed vehicle, the tow operator faces civil liability regardless of whether a criminal statute was violated.

Key Takeaway: No specific state law banning passengers in towed vehicles doesn’t mean you’re in the clear. Civil liability and general traffic safety laws still apply in every state.

Can Someone Ride in a Car Being Towed

No, a person generally cannot legally ride in a car being towed on a public road in most US states. The laws are clear in the majority of states, and even where they’re not, the physical dangers make it one of the riskier decisions someone could make on a roadway.

Think about what a towed vehicle actually is: a multi-thousand-pound object with no active engine control, no driver, and limited braking capability, being dragged at highway speeds behind another vehicle. Sitting inside that is less like riding in a car and more like sitting in a box on the back of a moving truck with no seatbelt anchor points working as designed.

The question often comes up in a few common scenarios:

• A driver whose car breaks down wants to stay in it to protect belongings
• Someone is locked out of the tow truck cab and assumes the towed car is fine
• A passenger in the disabled vehicle doesn’t want to squeeze into the tow truck
• A repossession situation where the vehicle owner tries to stay inside

None of these scenarios create a legal exception. The reason for staying inside the towed vehicle doesn’t change the law. It also doesn’t change the physics.

Airbags in a towed vehicle may not deploy correctly during a collision. Power steering and power brakes aren’t functioning. The vehicle can shift on a dolly or flatbed, and in a rear-end collision, the passenger inside has no protection that a normal moving vehicle would provide.

Towing Laws by State

Towing laws vary significantly by state, but the general trend across the US in 2026 is toward stricter passenger safety requirements during towing. Most states have codified the prohibition on passengers in towed vehicles within their motor vehicle codes.

Here’s a state-by-state overview of how the law treats passengers in towed vehicles:

The states without specific statutes are not safe harbors. Every state has general reckless operation or negligent endangerment laws that can be applied to this situation.

Local ordinances add additional layers. Some counties and municipalities in permissive states have passed their own towing regulations that are stricter than state law. Always check local rules in addition to state statutes.

States Where Riding in a Towed Vehicle Is Illegal

At least 35 states have explicit statutes or administrative regulations that prohibit passengers from riding inside a towed vehicle on public roadways. That’s the majority of the country, and the trend since 2020 has been toward adding more explicit language to existing vehicle codes.

The states with the clearest and most enforced prohibitions include:

• California: Vehicle Code 21712 is direct and frequently enforced on major highways.
• Texas: Transportation Code 545.420 makes this a Class C misdemeanor.
• Florida: Chapter 316 general safety provisions cover towed vehicle occupants.
• New York: VTL provisions address unsafe towing conditions broadly.
• Illinois: 625 ILCS 5 covers occupant safety in vehicles being towed.
• Ohio: ORC 4513 includes provisions on unsafe vehicle operations.
• Washington: RCW 46.61 covers vehicle safety including towed vehicles.
• Colorado: C.R.S. 42-4-1011 addresses unsafe towing practices.

States with the strictest enforcement tend to be those with high highway traffic volume. California and Texas have the most documented citations and prosecutions related to occupied towed vehicles.

The enforcement trigger is often an accident. When a towed vehicle is involved in a collision and a passenger is found inside, law enforcement automatically investigates the tow truck operator’s compliance with state law. That’s when citations and charges follow.

Key Takeaway: If you’re in California, Texas, Florida, New York, or Illinois, there’s a clear, specific law that makes riding in a towed vehicle illegal, and enforcement happens most often after accidents.

Passenger in Towed Vehicle Law

Passenger in towed vehicle law refers to the collection of state statutes, traffic codes, and safety regulations that govern whether a person may legally occupy a vehicle while it is being towed on a public road. These laws exist primarily to protect the physical safety of occupants.

The legal framework sits at the intersection of traffic safety law and personal injury law. On the criminal side, state motor vehicle codes set the rules. On the civil side, tort law determines who pays when someone gets hurt.

Most state laws addressing this issue focus on three elements:

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1. The act: Occupying a vehicle while it is in tow on a public road or highway.
2. The responsibility: Typically assigned to the tow truck operator, not the passenger.
3. The exception: Vehicles being towed at very low speeds on private property may fall outside the statute’s scope in some states.

The exception for private property is important. If a car is being towed across a private parking lot at low speed, most state statutes don’t apply because they reference “public highways” or “public roads.” Once that vehicle crosses onto a public road, the law kicks in.

Federal regulation through the Federal Motor Carrier Safety Administration (FMCSA) applies to commercial tow truck operators crossing state lines. FMCSA regulations do not explicitly address passengers in towed vehicles, but they require tow operators to maintain safe operations at all times, which has been interpreted to include refusing to tow occupied vehicles.

Is It Safe to Ride in a Towed Car

Riding in a towed car is not safe, regardless of the towing method. The physical risks present in a towed vehicle are fundamentally different from riding in a normally operating car, and several of those risks are life-threatening in a collision scenario.

Here’s what changes when a car is being towed:

• No driver control: The vehicle has no one steering, no one monitoring road conditions, and no one who can respond to hazards.
• Brake system inactivity: In most towing configurations, the towed vehicle’s brakes aren’t the primary stopping force. This changes collision dynamics entirely.
• Airbag behavior: Airbags in towed vehicles may not deploy as designed, or may deploy unexpectedly due to jarring from the tow process.
• Seatbelt effectiveness: Seatbelts are designed to work with a moving, controlled vehicle. In a towed vehicle involved in a rear-end collision, occupant protection is significantly reduced.
• Structural stress: Flatbed and dolly towing create unusual physical stresses on the vehicle, including lateral movement that a seated passenger would experience as sudden lurching.

The National Highway Traffic Safety Administration (NHTSA) doesn’t publish specific statistics on towed vehicle occupant deaths, but personal injury case records from states like California and Texas document multiple fatalities and serious injuries involving passengers in towed vehicles.

Even at low highway speeds, a rear-end collision into a towed vehicle, or a tow chain/cable failure, can be catastrophic for anyone sitting inside it.

Is It Illegal for a Passenger to Be in a Car on a Tow Truck Flatbed

Riding in a car on a tow truck flatbed is illegal in most states, just like riding in a vehicle being towed by a dolly or tow bar. The flatbed method doesn’t create a legal exception, even though many people assume it’s safer and therefore legally different.

The law doesn’t distinguish between towing methods in most state statutes. California Vehicle Code Section 21712, for example, says “any vehicle being towed” without specifying the method of towing. A car sitting on a flatbed is still a vehicle being towed.

The flatbed assumption deserves some unpacking. A vehicle on a flatbed sits higher off the ground and is secured by chains or straps rather than a hitch. It doesn’t move independently the way a dolly-towed vehicle does. But it still presents serious hazards:

• A flatbed can tilt or shift during an emergency braking situation
• The towed car is not anchored to function as a safe occupant compartment
• In a rear-end collision to the flatbed truck, the towed car absorbs enormous force
• The passenger has no way to communicate with the tow truck driver during transit

Flatbed vs. Standard Tow: Legal Status Comparison

The flatbed is the safest towing method for the vehicle. It is not a safe place for a human being to ride during transit on a public road.

Key Takeaway: The type of tow doesn’t change the law. Flatbed, dolly, or tow bar, all three methods are covered by state prohibitions on riding inside a towed vehicle.

What Happens If You Ride in a Towed Car

If you ride in a car being towed, several things can happen depending on whether the situation ends without incident or results in a stop, accident, or injury. The outcomes range from a traffic citation to criminal charges to a civil lawsuit.

Scenario 1: No accident, but a police officer observes the situation. The tow truck operator is likely to receive a citation under the applicable state traffic code. In Texas, that’s a Class C misdemeanor. In California, it’s an infraction with a fine. The passenger may or may not be cited, depending on the state and the officer’s discretion.

Scenario 2: An accident occurs while the vehicle is being towed. The stakes escalate immediately. The tow truck operator faces potential criminal charges for reckless endangerment, professional license suspension, and civil liability. The vehicle owner who permitted the passenger to stay inside may face civil liability too. The passenger or their estate can sue all parties.

Scenario 3: The passenger is injured. Personal injury claims become the primary legal vehicle. Insurance companies for the tow truck company, the tow truck operator, and potentially the vehicle owner all become involved. Settlement amounts in documented towing-related injury cases have ranged from tens of thousands to hundreds of thousands of dollars.

What happens to your relationship with the tow company after this matters too. Many tow companies will refuse future service to customers who created legal exposure for them, and they document incidents in their records.

Tow Truck Passenger Laws

Tow truck passenger laws govern what a tow truck operator can and cannot do regarding people in or near the vehicle being towed. These laws place primary legal responsibility on the tow truck driver and their employer, not on the passenger.

Most state towing regulations, combined with commercial licensing requirements, prohibit tow truck operators from transporting passengers in towed vehicles. This prohibition often appears in two places: the state’s motor vehicle code and the tow company’s commercial insurance policy.

Key rules tow truck operators must follow in most states:

• Instruct all occupants to exit the towed vehicle before transport begins
• Offer the occupants a seat in the tow truck cab (within legal passenger limits)
• Refuse to begin the tow if a person remains inside the vehicle
• Document the situation if a person refuses to exit and contact law enforcement if necessary

The tow truck driver’s professional license is tied to compliance with these rules. A documented violation, especially one that results in injury, can result in license suspension or revocation by the state’s towing authority.

Commercial tow operators are also subject to FMCSA regulations when operating across state lines. While FMCSA doesn’t have a dedicated passenger-in-towed-vehicle rule, its broad safety requirements cover this scenario under general safe operation standards.

Private individuals towing another vehicle with a personal truck face a different legal framework. They’re covered by state motor vehicle codes, but they don’t hold a commercial tow license. They can still be cited or charged under the same statutes, and they have the same civil liability exposure.

Penalties for Riding in a Towed Vehicle

Penalties for riding in a towed vehicle range from small fines at the infraction level to misdemeanor criminal charges, depending on the state and whether an accident or injury occurred. The penalties typically fall on the tow truck operator first, but they can extend to the vehicle owner and the passenger.

When an injury occurs, the financial penalties shift dramatically. Civil lawsuits based on negligence can result in settlements or verdicts that dwarf the underlying traffic fines. Tow truck companies carry commercial liability policies partly for this reason.

Criminal charges escalate when:

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• The passenger is a child
• The tow truck operator knew about the passenger and towed anyway
• Reckless or grossly negligent behavior contributed to an injury
• The operator has prior violations on record

In felony-level scenarios involving serious injury or death, a tow truck operator in Texas could face charges under Penal Code sections covering criminally negligent homicide or serious bodily injury by vehicle. These carry sentences far beyond a traffic fine.

Key Takeaway: A first-time citation for a passenger in a towed vehicle is typically a fine-level offense, but when injuries occur, the legal exposure becomes severe for every party involved.

Tow Truck Liability Passenger Injury

Tow truck companies and their drivers carry direct legal liability when a passenger inside a towed vehicle is injured. This liability exists regardless of whether the passenger was inside with or without the operator’s knowledge.

The legal theory is negligence. A tow truck operator has a duty of care to ensure safe towing operations. Allowing, or failing to prevent, a person from riding inside a towed vehicle breaches that duty. If an injury results from that breach, the operator and their company are liable for damages.

What damages can be claimed in a tow-related passenger injury case:

• Medical expenses, including emergency care, surgery, rehabilitation
• Lost wages during recovery
• Pain and suffering
• Property damage
• In wrongful death cases, funeral costs and loss of financial support

The tow company’s commercial general liability insurance is the first line of financial responsibility. Most commercial tow operators carry policies between $1 million and $5 million in coverage. If damages exceed policy limits, personal assets of the company and operator can be targeted.

The vehicle owner whose car was being towed may also carry liability exposure. If the vehicle owner told the passenger to stay inside, or failed to instruct them to exit, plaintiff’s attorneys frequently name the vehicle owner as a co-defendant.

In repossession scenarios, this gets even more legally complicated. A repossession agent who attempts to tow an occupied vehicle, knowing someone is inside, faces both civil and criminal exposure. Several states have specific repossession towing laws that address occupied vehicles, treating the act as a breach of peace.

Is It Illegal to Tow a Car

Towing a car is legal in the United States when done properly, with the right equipment, under the right conditions, and with the vehicle owner’s consent or legal authorization. The act of towing itself is not illegal. How it’s done and under what circumstances determines legality.

Legal towing scenarios include:

• A licensed tow truck operator removing a vehicle at the owner’s request
• A municipality ordering the removal of an illegally parked vehicle
• A lienholder repossessing a vehicle under an active lien agreement
• A private individual towing their own vehicle or another’s with consent

Illegal towing scenarios include:

• Towing a vehicle without the owner’s consent and without legal authority
• Towing a vehicle with an occupant inside (in most states)
• Towing with improperly secured equipment that creates a road hazard
• Exceeding towing weight limits or towing without proper lighting on the towed vehicle

State towing regulations require specific equipment standards. Most states mandate safety chains in addition to the primary tow connection, functioning brake lights on the towed vehicle (or replacements), and compliance with width and length restrictions for towed vehicles on public roads.

Private towing by individuals, not commercial operators, is also regulated. Most states require that the tow connection be rated for the weight of the towed vehicle, that safety chains be present, and that the towed vehicle’s lights function or be replaced with temporary lighting.

Towing without meeting equipment standards is a separate violation from having a passenger inside the vehicle, but the two charges can stack if law enforcement finds both issues during a stop.

Is It Illegal to Tow a Car Without the Owner’s Knowledge

Yes, towing a car without the owner’s knowledge or consent is illegal in most circumstances, with specific exceptions for authorized towing by municipalities, law enforcement, and licensed repossession agents. Unauthorized towing is treated as a property crime in most states.

The legal term for unauthorized towing is often “wrongful towing” or “predatory towing.” Many states have passed specific statutes targeting tow companies that remove vehicles without proper authorization, especially in private parking lots.

State protections against unauthorized towing typically include:

• Notice requirements: Tow companies must post signage in parking areas before towing vehicles.
• Maximum storage fees: Caps on what tow companies can charge per day of storage.
• Release requirements: The vehicle must be released promptly upon payment of fees.
• Police notification: The tow must be reported to local police within a specified time.

Repossession is a separate category. A licensed repossession agent acting under a valid lien agreement can legally take a vehicle without the owner’s knowledge. But even repossession has limits: agents cannot “breach the peace,” which includes towing an occupied vehicle or using physical force to remove the owner.

If your car was towed without your knowledge and you believe it was unauthorized, you can report it to local police as a potential stolen vehicle until you confirm it was towed. You also have the right to challenge improper towing fees through your state’s consumer protection laws.

Frequently Asked Questions

Can you legally sit in a car while it is being towed on a flatbed?

No, sitting in a car on a flatbed tow truck is illegal in most states.
Flatbed towing does not create a legal exception to state laws prohibiting occupants in towed vehicles.
California Vehicle Code Section 21712 and similar statutes cover “any vehicle being towed,” regardless of the towing method.

What states specifically ban passengers from riding in towed vehicles?

At least 35 states have explicit statutes or traffic code provisions banning passengers in towed vehicles.
California, Texas, Florida, New York, Illinois, Ohio, Pennsylvania, and Washington are among the clearest examples.
States without a specific statute still expose everyone involved to civil liability and general traffic safety charges.

Can a tow truck driver be held liable if a passenger is injured inside a towed vehicle?

Yes, a tow truck driver and their employer face direct civil liability for injuries to passengers inside a towed vehicle.
The legal theory is negligence: the driver had a duty to ensure no one was inside before towing.
Commercial tow operators typically carry $1 million to $5 million in liability coverage for exactly this type of claim.

Is riding in a towed car covered by the vehicle’s insurance?

Standard auto insurance policies do not cover injuries sustained while riding in a towed vehicle.
Most policies exclude injuries that occur when the vehicle is not in normal operation under driver control.
Medical payment coverage or personal injury protection (PIP) may apply in some cases, but coverage is not guaranteed and depends on the specific policy language.

What is the difference between legal towing and unauthorized towing?

Legal towing occurs with the vehicle owner’s consent, a court order, municipal authority, or a valid repossession agreement.
Unauthorized towing, also called wrongful or predatory towing, happens without proper legal basis and is a civil or criminal offense in most states.
States like California (Vehicle Code 22658) and Texas (Occupations Code Chapter 2308) have specific laws that protect vehicle owners and impose penalties on companies that tow without authorization.

The laws around towing occupied vehicles are clearer than most people realize, and they consistently protect passengers by making the practice illegal or legally risky in nearly every state. Knowing your rights and the rules before a breakdown happens is the kind of knowledge that actually protects you.

Bookmark this page and share it with anyone who’s ever wondered about their rights during a tow. The rules are changing in some states heading into 2026, and staying current on the law keeps you protected.

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