Kentucky's "Troy's Law": A Critical Legal Analysis of Proposed Blue Lights for Tow Trucks

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Frankfort, KY (SPA) – A legislative proposal slated for the 2026 session, known as "Troy's Law," aims to authorize the use of flashing blue lights on stationary tow trucks in Kentucky. The bill, named in memory of tow truck operator Troy Caldwell, who was tragically killed on the job, is championed as a necessary measure to enhance the safety of roadside recovery professionals. While the intent to protect these essential workers is commendable, a critical legal analysis reveals significant concerns that lawmakers must consider before enacting such a change. This analysis will argue against the passage of "Troy's Law" because it conflicts with the established legal framework for emergency vehicle lighting, creates a dangerous potential for public confusion, and offers a legally fraught solution to a problem that can be effectively addressed through less disruptive means.

Historical Background and Context

The law is named for Troy Caldwell, a 54-year-old Kentucky tow truck driver who died in September 2024 while loading (or working on) a vehicle on Interstate 64 in Bath County, Kentucky. He was struck and killed while carrying out his duties.  

His death drew attention in the towing community, among first responders, and among state lawmakers, as an example of the danger tow operators face when working along busy highways. Tow truck operators and other roadside workers are vulnerable. There has been a history of injuries and fatalities caused by passing motorists who don’t notice disabled or stopped vehicles in time.

Representative Richard White (R), District 99, along with Representative Patrick Flannery (R), District 96, are among the sponsors of the bill. The has been profiled for the 2026 Legislative Session (BR 33).

Dilution of a Critical Public Safety Symbol

At the heart of the opposition to "Troy's Law" lies the fundamental principle of public recognition and immediate response to law enforcement. Kentucky Revised Statutes (KRS) 189.920 explicitly reserves the use of blue flashing lights for police vehicles. This statutory distinction is not arbitrary; it is a critical component of public safety. Blue serves as an immediate and unequivocal signal of law enforcement presence (Kentucky), commanding a specific and urgent response from the public. To permit another class of vehicles to utilize this color, even under limited circumstances, would inevitably dilute the unique significance of blue lights and erode the public's conditioned response to their display. This could lead to a "boy who cried wolf" effect, where the public becomes desensitized to blue lights, potentially hesitating in critical moments when encountering an actual law enforcement emergency.

Contradiction with Existing Statutory Framework

"Troy's Law" would create an unnecessary and potentially confusing amendment to a well-established statutory scheme governing emergency and public safety vehicles. Currently, tow trucks are designated as "public safety vehicles" and are authorized to use yellow flashing lights. The existing "Move Over" law in Kentucky (KRS 189.930) already mandates that drivers slow down and, if possible, change lanes when approaching any stationary vehicle with flashing lights, including tow trucks with their current yellow lights.

The argument that blue lights are necessary for increased visibility overlooks the fact that the legal framework already provides a mechanism for tow truck safety. The failure of motorists to adhere to the "Move Over" law is a matter of enforcement and public education, not a deficiency in the color of the lights. Amending the statute to allow blue lights on tow trucks would be a superficial solution to a deeper problem of driver inattentiveness and non-compliance with existing traffic laws.

One only has to look at the current history of incidents involving officers using blue lights to demonstrate that it is far from being the end-all solution. There have been several incidents in 2025 in which law enforcement officers in Kentucky were struck by vehicles during traffic stops or while assisting on roadways. In many cases, officers were inside their cruisers when their vehicles were hit by passing motorists. 

Recent incidents involving officers hit by vehicles in Kentucky:

• Montgomery County (September 21, 2025): A sheriff was inside his cruiser on I-64 at Exit 113, helping with a road closure, when his vehicle was rear-ended. The sheriff was transported to the hospital with non-life-threatening injuries.
• Lawrence County (August 22, 2025): A Kentucky State Police (KSP) trooper conducting a traffic stop on US 23 was seriously injured when another vehicle struck his patrol car from behind. The impact caused a chain reaction with the vehicle that was initially stopped. The trooper and three others were taken to the hospital but later released.
• Blue Grass Parkway (August 6, 2025): A Versailles police officer was hit while inside his cruiser on the shoulder of the parkway, where he was assisting with a broken-down RV. The officer was taken to the hospital but has since been released.
• Boone County (February 28, 2025): A deputy was struck by the passenger-side mirror of a passing truck while walking back to his cruiser after completing a traffic stop on I-71. The truck fled the scene.
• I-65 in Hart County (January 5, 2025): A KSP trooper was hit by another vehicle while inside his cruiser on the shoulder of an icy interstate during a winter storm. The trooper was taken for medical treatment and released.

Legal Liability and Unintended Consequences

The introduction of blue lights on tow trucks could also create a host of unintended legal consequences, particularly in the realm of liability. If a motorist, confused by the presence of blue lights on a tow truck, takes an evasive action that results in an accident, questions of liability will inevitably arise. Could the tow truck operator or their company be held partially liable for creating a confusing and potentially hazardous situation? Could the state itself face litigation for enacting a law that demonstrates the risk of such confusion?

Furthermore, concerns have been raised by law enforcement about the potential for towing fraud. The use of blue lights, even if restricted to stationary vehicles, could create an aura of official authority that unscrupulous operators could exploit to intimidate motorists or assert priority at accident scenes. While proponents of the bill argue that it would be narrowly written to prevent such abuses, the potential for misinterpretation and misuse remains a significant concern for both legal and public safety.

Yet another overlooked concern is the recent targeting of law enforcement officers for violent attacks, just for the sole purpose of them being law enforcement officers. Are tow truck drivers now willing to assume that additional risk, in which they are attacked by those who perceive them as law enforcement by using blue lights, and subject them to violent attacks based solely on the perception? I do not think this has ever been a consideration in the current emotionally charged debate.

The Path Forward: Less Restrictive and More Effective Alternatives

From a legal standpoint, a fundamental question is whether the proposed law is the "least restrictive means" to achieve the desired outcome of increased tow truck driver safety. In this case, it is not. Several less disruptive and potentially more effective alternatives exist. These include:

• Enhanced Public Awareness Campaigns: A concerted effort to educate the public about the existing "Move Over" law and the dangers faced by all roadside workers.
• Stricter Enforcement: Increased penalties and more rigorous enforcement of the "Move Over" law.
• Advanced Warning Systems: Utilizing brighter, more dynamic LED lighting in the currently authorized yellow and white colors, as well as advanced warning systems such as directional arrows and variable message signs.
• Improved Safety Protocols: Implementing and enforcing stricter standards, state-wide safety protocols for tow truck operators, such as the mandatory use of high-visibility apparel and the strategic placement of cones and other warning devices.

In conclusion, while the tragic circumstances that inspired "Troy's Law" demand a response, the proposal to equip tow trucks with blue lights is a legally problematic and ultimately misguided solution. It threatens to undermine a critical public safety signal, conflicts with the existing legal framework, and opens the door to a range of unintended and potentially dangerous consequences. A more prudent and legally sound approach would be to focus on robust enforcement of existing laws, heightened public education, and the adoption of advanced safety technologies that do not rely on co-opting the universally recognized symbol of law enforcement. Kentucky lawmakers should therefore reject the passage of "Troy's Law" and instead pursue these more effective and less legally fraught avenues to protect the lives of our vital roadside assistance professionals.

For more information on the debate surrounding "Troy's Law," you can watch this news report: New Bill for Tow Truck Driver Safety Would Provide Blue Lights. This video offers insights into the arguments in favor of the bill and the personal story that inspired it.