Emergency Vehicle Accident Goes Viral: Who is Liable?

When an emergency vehicle responds to an emergency, the driver must do everything in their power to get to their destination and save the victim. But does that include hitting another car? Well, yes and no. Find out who is responsible for this emergency vehicle accident.

The Viral Emergency Vehicle Accident

In the video, we see a fire truck driving a fire. The vehicle travels down a narrow street and scrapes against a minivan parked against the sidewalk. Is the driver to blame in this emergency vehicle accident?

According to the law, emergency vehicle drivers can get away with damaging other vehicles if they can prove that the damage was not due to a lack of reasonable care and negligence.

If you listen to the people who filmed the video, they mention that the fire truck could have taken another route on a broader street and avoided scraping the minivan. A deeper review of the circumstances reveals that the fire truck was still several blocks from the fire.

If the fire had been on that block, the driver would have no option but to drive down the street and tend to the fire. But other routes were available. Therefore, the driver was negligent and may be responsible for damages.

Other Laws That Apply

The emergency vehicle accident is one example of negligent activity that occurred in the line of duty. But can emergency drivers break laws in other instances? Yes, they can.

For example, an emergency vehicle chasing a suspect may speed up or go down the wrong street. Similarly, fire trucks and ambulances can speed up if they rush to extinguish a fire or save a life.

However, they must activate their sirens and lights during these activities to keep drivers safe. They must “exercise due regard for the safety of others.”

Possible Exemptions

If an injury or damage occurs while an emergency vehicle is in the line of duty, and the case goes to court, the jury must determine two things. First, was the emergency vehicle driver exempt from damages in the given situation? For example, was it necessary to engage in dangerous activity to prevent further danger?

The jury must also determine if there is civil liability for the damages due to negligence or lack of care. If we apply this reasoning to the emergency vehicle accident, any jury will likely find that the firetruck didn’t need to scratch the truck. Therefore, the driver is liable for damages due to negligence and lack of care.

Statute of Limitations for an Emergency Vehicle Accident

Victims should also be aware that there is a shorter statute of limitations when taking legal action against a public entity. For example, most states have two years of statute of limitations for personal injuries and property damage. That means you have two years from the accident date to file a claim against the at-fault party and collect damages.

However, the statute of limitations against a public entity can be as little as six months. So, if you were the victim of an emergency vehicle accident and want to claim damages, you better act fast!

What are Emergency Vehicles?

The following vehicles may be considered emergency vehicles and may have extra protections in an accident:

• A publicly owned ambulance
• A privately owned vehicle commissioned by highway patrol to respond to accidents
• A publicly owned vehicle operated by federal, state, or local law enforcement
• Any vehicle used for firefighting
• Any vehicle used for towing, servicing other cars, caring for injured persons, or repairing electrical equipment