if hancock wasn't drunk and the tow truck driver/driver was negligent, would you be ok with suing them? Please explain to me how the driver of the stalled car should, in any way, be held accountable for this. What could he have done? vehicles do not come to a sudden stop when they quit working - s/he should have coasted off the road, either all the way to the right or in the median Not necessarily. you really can't think of any way that driver could have been negligent? he could have been driving a car with no brakes, he could have been drunk, he could have been not paying attention while driving. seriously, it's not that hard to imagine. Huh? What are you talking about? Sure, those scenarios are possible but what does that have to do with anything? Regardless of whether or not the stalled car's driver was driving without brakes, the fact is that his car got plowed into by a drunken idiot.