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Who Is To Blame For Car Accidents Caused By An Emergency Vehicles?

Who Is To Blame For Car Accidents Caused By An Emergency Vehicles?

Friday, July 30, 2021 IST

Any time a siren is heard; this sends a message to other road users that there is an emergency situation at hand. This could be police officers running to an accident scene, medical officers, or firefighters on the job.

To avoid disruptions, other vehicles are supposed to yield right of way and allows such vehicle enough space to pass.

These vehicles are allowed to be driven at high speed, which sometimes may lead to serious catastrophes. When a pedestrian or another vehicle is hit by such a vehicle, seeking damages becomes a complicated issue. And the question of liability steps in.

Liability During An Emergency Vehicle Accident

Figuring out who may be liable if an emergency vehicle accident needs a car accident in Anchorage Ak. Generally speaking, the emergency vehicle driver will likely not be blamed for your injuries. This is not uncommon for a government-owned vehicle or private corporation dealing with emergent issues.

Just as with any personal injury claim, liability has to be connected with negligence. Then the main question arises on who to blame when an emergency vehicle causes an accident.

If the emergency vehicle was responding to a call and caused an accident, there are chances the driver may not be held liable for injuries caused. However, there are situations where there may be negligence. To file a claim against such a driver, you may need to prove that:

• He/she never turned on a siren or there was no flashing red light: All emergency services vehicles should sound an audible signal by the siren and ensure red light is displayed on the front when on the road.

• The driver was under the influence of drugs or alcohol while operating the vehicle.

• The driver acted recklessly while driving.

Emergency cars have strong legal teams. Thus filing a claim may require you to have strong connections too with experienced law firms. The best thing is that the law doesn’t protect any authorized emergency driver from any consequence resulting from reckless driving and harming others. However, if you never obey a siren, then it becomes hard to prove any liability

The duty to have a siren and front red light doesn’t relieve an emergency driver from the liability of ensuring the safety of other road users, including pedestrians. Emergency vehicles have to comply with all traffic rules. Their status only grants them legal permission only if they are on the road to respond to an emergency call.

If such drivers/employees are negligent in their actions, an employer can be held liable for damages caused to other drivers or pedestrians. As such negligence has to be applied. You need to prove that such a driver had:

• A duty of care

• They breached the duty of care by not observing traffic statutes

• You suffer injuries as a result

When filing your claim, you have to keep in mind the issue of qualified immunity, which is a defense to protect government officials from liability. The law states that if such a driver's actions clearly seem to violate any constitutional rights which a reasonable person in that situation would have acted in the same manner, they may not be held liable for injuries.

Every state has its own laws regarding such cases; it would be better to consult a car accident lawyer on the issue of liability.

Liability To the Employer

Where it's proven that the emergency driver was negligence, the employer will be held liable for their actions. If they prove the emergency driver never used reasonable care, such a driver may not be covered by qualified immunity. Any employer whose employee in the course of duty caused injury or death to others must pay for damages. Such damages can be paid if:

• The employee was with the scope of employment,

• Another employee given the same situation would have acted differently.

When such is evidence, there is no sovereign immunity that can deter you from obtaining your compensation.

If you have a potential negligence claim against the emergency vehicle driver, you may file your claim under the Federal Tort Claims Act (FTCA. But before filling, you need to ensure your claim is valid and whether you can sue under such an agency.

Without proper evidence, the chances are that your claim will be denied. Again, every state has its own set of rules to follow when filing a tort claim. The FTCA will ensure you get compensated for every wrongful act committed by their employee. Remember that if the driver was an independent contractor, you would be barred from filing a claim.

If you have a valid claim, you will get damages. Again, you will need evidence to show how the emergency driver was negligent enough to cause your injuries. Therefore, you need a lawyer who understands all the rules needed to file a FTCA claim to advise on whether you have a valid claim.