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As a pedestrian he had the right of way. Especially if the tow truck recognized it. If he was in the crosswalk and the tow truck slowed, the driver should of slowed to. What did the police report say. Before suing, You should considered writing a demand letter to the insurance company. If they blow you off, you could get a P.I. attorney. They take a cut so they shouldnt charge you... Granted the attorney will make out with at least a third of whatever you get once you start to sue.
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