Accidents involving emergency vehicles are complex legal issues, especially when someone suffers an injury or death. State and municipal governments permit individuals to file claims for property damage or personal injury caused by the neglect of a government employee who was acting within the scope of his or her official capacity of employment.
Drivers of all police, fire, and other emergency vehicles must drive carefully (“exercise due care”) in the operation of their vehicle so as not to cause injury or death to persons or damage to property. When a driver acts negligently, the public entity that employs the driver may face liability for resulting damages, including medical expenses, lost wages, and pain and suffering.
Emergency responders generally receive immunity from personal liability for damages that occur while they respond to an emergency during the course of their employment, such as when they pursue suspected lawbreakers or conduct rescue operations. However, drivers must still exercise reasonable care to preserve that immunity for their public entity.
However, employees may face liability for negligence when they return from an emergency or operate a vehicle in situations that do not qualify as emergencies. In other words, they may be held liable for activities done outside the scope of their employment. Some examples include:
- For example, a fire engine driver responding to an emergency with lights and sirens activated typically avoids personal liability for injuries caused in a collision.
- Conversely, if the driver acts negligently, the fire department itself may bear responsibility.
- Both the driver and the fire department may face liability for injuries or deaths caused by negligent driving while returning to the fire station after an emergency.
CAN I SUE THE PUBLIC ENTITY RESPONSIBLE?
Suppose you are injured or a loved one killed when hit by a vehicle that a law enforcement vehicle is pursuing at a high rate of speed. Can you sue the law enforcement agency for your injuries or the death of a loved one?
That depends on whether the law enforcement agency has adopted, publicized, and properly trained its officers in a proper vehicle pursuit policy. When the agency meets these requirements, officers and their public entity employer generally are not liable for the injuries, death, or damage resulting from the pursuit.
WHAT SHOULD I DO AFTER THE ACCIDENT?
If an emergency vehicle owned and operated by a public or governmental entity injures you, you must file a claim with the appropriate public agency under the laws of that jurisdiction, such as city or state regulations.
Most have strict statutes of limitations that require the claim to be filed within 6 months of the accident (or less), or you will forever lose your right to sue the public entity and/or its employees.
Some emergency vehicles, such as ambulances, belong to private companies rather than government agencies. If you are injured in an accident with a private ambulance in which the ambulance driver was at fault, you may file suit against the ambulance company, and the driver, depending on the circumstances. These cases proceed as ordinary personal injury claims and do not involve governmental immunity.
The law involving injuries or death arising from accidents involving emergency vehicles can be complex, and it is therefore critical that you contact a personal injury law firm with experience handling such claims.