State settles lawsuit over tow truck driver being hit during crash

ALBUQUERQUE, N.M. (KRQE) – It was a crash on I-40 near Carnuel that ended in another tragedy. In January 2022, Albuquerque Police called A-Albuquerque Towing to help clear a crash scene. Tommy Avent was the tow truck driver dispatched.

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According to a lawsuit filed by Avent, Avent asked for assistance from the Albuquerque Police Department and the New Mexico Department of Transportation since it was a dangerous area to operate in. The lawsuit claimed that APD and NMDOT refused to assist him while he removed the inoperable car from the crash scene. That’s when a driver hit Avent and took off.

The lawsuit said that the hit landed Avent in the hospital with severe injuries and with nearly $800,000 in medical bills. New court documents show the state is paying $350,000 to settle the lawsuit.

Meanwhile, police say Steven Erb is the driver responsible for hitting Avent. According to court documents, his case has been stagnant since he failed to appear in 2023. There is a bench warrant issued for his arrest…

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