Getting into any kind of car accident can be confusing and overwhelming, but these feelings are often amplified when the accident involves an emergency vehicle. The rules for these types of accidents are different, and can make it harder for you to get the compensation you deserve for your injuries and losses. Anyone who finds themselves in this situation should take the time to learn more about accidents with emergency vehicles, the unique challenges to filing a claim for compensation, and what steps to take to increase the chances of success.
Why Emergency Vehicle Accidents Are More Complex Than Standard Crashes
Accidents that involve emergency vehicles can be particularly difficult and confusing because of the additional legal protections and unique aspects of these cases. Determining liability and building a case for compensation is much more challenging than it is in a typical crash.
Legal Protections for Emergency Drivers
Police officers, firefighters, and ambulance personnel are often exempt from standard traffic rules, such as speeding and running red lights when responding to an emergency. However, they’re still required to pay attention and try to avoid harming others on the road. This makes it difficult to determine if the emergency vehicle is legally responsible for the accident and your injuries.
Higher Threshold for Proving Fault
Because first responders have wider leeway in an active emergency, it takes more evidence to prove they acted recklessly or outside accepted protocol. In some states, you’ll have to prove that the driver acted with reckless disregard for other people’s safety. In others, you might have to prove something else. The exact standard depends on your state’s statutes and case law.
Rules in many jurisdictions can make it easier for cities and municipalities to dispute liability or move to have claims reduced, even when another party would clearly be at fault if the driver were a civilian.
Government Entity Defense Tactics
If you’re injured or experience financial losses because of an accident with an emergency vehicle, your legal case will usually be brought against a city, county, or public agency, not just the driver. Government entities have additional legal support, more insurance, and special rules for filing claims, including stricter notification deadlines and caps on damages. It’s common for insurance companies to delay claims and fight back even harder than in other types of accidents.
Because of these factors, legal cases involving emergency vehicles can require more time and expertise than a regular crash before an injury claim can be successful or even move forward.
Common Situations Leading to an Accident with an Emergency Vehicle
Accidents involving emergency vehicles often take place in fast-changing and high-stress environments. These situations can be highly unpredictable for everyday drivers, especially if they’re unfamiliar with how emergency vehicles move and signal on the road. Some common situations that lead to these accidents include:
Intersection Collisions
It’s common for police cars, fire trucks, or ambulances to proceed through a red light or stop sign while responding to a call. Even with sirens or lights engaged, there can be poor visibility for them or other drivers on the road, and sometimes other drivers don’t yield fast enough, which can lead to an accident.
Lane Changes and Sudden Merging
Emergency vehicles can switch lanes or drive against the normal flow of traffic without warning. Civilian drivers, often unsure whether to slow down, stop, or move over, can become involved in side-swipe or chain-reaction accidents.
Wrong-Way Driving or Using Medians
Responders sometimes operate against one-way traffic patterns or use medians to maneuver through traffic jams. While this is sometimes necessary for them to be able to reach their destination quickly, other drivers caught off guard may not have time to react.
Parking in Active Roadways
Fire trucks and ambulances may stop in driving lanes if they are responding to an emergency situation, forcing cars behind them to brake suddenly or change lanes. When drivers on the road aren’t expecting another vehicle in front of them to stop suddenly, it can lead to dangerous situations.
Poor weather and crowded city conditions can all escalate the danger. Even when everyone tries to do the right thing, misunderstanding what’s expected during an emergency can make these collisions far more likely.
What to Do Immediately After an Accident Involving an Emergency Vehicle
If you’re involved in a crash with a police car, fire truck, or ambulance, it’s important to stay calm and take the right steps to protect your health and legal rights.
Move to a Safe Location and Check for Injuries
Immediately after the accident, your primary priority is to get yourself and your passengers to a secure spot away from moving traffic or potential hazards, if you can do so safely. Take a moment to determine if you are injured. Sometimes injuries can make it dangerous or impossible to move, so always use your best judgment.
Call 911 to Report the Accident
Don’t assume that just because a police, fire, or EMS vehicle is involved, a report will automatically be filed. Call 911 to officially report the incident, confirm your location, and ask that law enforcement be sent to the scene to create a report.
Seek Prompt Medical Attention and Start Documentation
Even if you feel okay in the moment, some injuries mask themselves or appear later. Always see a healthcare professional after the accident to make sure you are safe and healthy. If you’re offered medical help on the scene, you should accept it.
Document All Details with Photographs and Videos
Take numerous pictures and video recordings from different angles. Include damage to every vehicle involved, the position of all vehicles, the surrounding area, and any visible markings or lights on the emergency vehicle. Environmental details, such as road conditions, signs, and signals, damaged property, and skid marks, can provide helpful context for adjusters or a judge/jury if the case goes to court in the future.
Collect Contact Information from Witnesses and Emergency Responders
Do not rely only on the official report to record everyone’s identities. Personally collect the names, departments, badge numbers, phone numbers, and email addresses. Also, speak to bystanders who saw the crash, as their statements and perspectives may align with yours to clarify what happened. Also, make sure you get insurance information from anyone involved in the accident.
Do Not Make Statements About Fault
Your words and actions at the scene may be documented or misinterpreted in a way that could hurt your claim later. Be polite and factual with everyone, particularly officers taking a report. However, avoid providing explanations, apologies, or speculation about what caused the crash or who should have acted differently.
Obtaining accurate information and taking the necessary steps is the best way to protect yourself and your potential claim.
Can You File a Claim After an Accident with an Emergency Vehicle?
Filing a claim for injuries or damages after a collision with an emergency vehicle is possible, but the process involves additional rules and challenges compared to most traffic accidents.
Overview of Government Liability Rules
Governments, including cities, counties, or states that own and operate emergency vehicles, are often protected by “sovereign immunity” laws. However, most states allow for injury claims if the emergency vehicle driver wasn’t acting with reasonable care during the incident.
Liability always depends on state law. For example, in California, emergency drivers must exercise “due regard” for public safety even when exempt from traffic laws. In New York, claimants must generally prove the driver acted with “reckless disregard” for the safety of others.
Procedures and standards differ for filing claims against municipal, county, or state entities. For example, the criteria for proving liability or the agency that investigates the claim may change depending on which branch the emergency vehicle belongs to.
Strict Deadlines
Strict deadlines apply to these claims and depend on the location of the accident. For example, California gives most injury claimants only six months from the crash to submit an official claim to the appropriate agency, while New York requires Notice of Claim filings within just 90 days, both of which are much shorter than a typical injury lawsuit deadline.
Being vigilant about deadlines and details is critical if you’ve sustained injuries in an accident involving an emergency vehicle.
Understanding Reasonable Caution in Accidents With Emergency Vehicles
“Reasonable caution” refers to the level of care every driver must use when sharing the road with emergency vehicles, especially when lights and sirens are activated. In California, for example, this means that as soon as you see or hear an approaching ambulance, fire truck, or police vehicle, you’re expected to slow down right away, yield right of way, and, if possible, pull over to the side of the road to let the vehicle pass. These rules are designed to keep everyone safe in potentially chaotic moments.
Additionally, if you approach an emergency vehicle stopped on the shoulder with its lights flashing, California law requires you to “move over” to another lane if you can safely do so. If moving over isn’t possible, you must slow below the speed limit and drive with extra care while passing.
While it’s true that emergency vehicle drivers are allowed to break certain traffic rules when responding to calls, such as exceeding the speed limit, they are never allowed to disregard all safety protocols. They must drive with attentiveness and look out for both themselves and others, especially at intersections and crosswalks.
To learn more about reasonable caution in these types of accidents, read our blog post: What Is “Reasonable Caution” in Accidents With Emergency Vehicles?
Hit by a Police Car: Do You Stand a Chance in Court?
Many people worry that government immunity makes suing a police officer impossible. While these cases are harder, you still have the right to seek compensation if an officer drove unsafely or broke traffic laws. Proving fault is required, but you can have a valid claim.
Who Might Be Responsible?
Blame doesn’t just fall on the police officer driving the car. Depending on the accident, you may have a claim against the police department, the city or state, a fleeing suspect who triggered the crash, or other drivers who contributed. An attorney will review all the facts to determine who is liable.
Rules for Emergency Vehicles
Police have leeway when responding to emergencies – they can speed or run red lights – but must use their sirens and act with caution, keeping public safety in mind. If an officer ignores these safety duties or acts unlawfully, you may hold them accountable for your injuries or damages.
Why Legal Help Is Critical
An accident with law enforcement means dealing with complex government rules and tight deadlines. Attorneys organize all your evidence, fight back against any immunity claims, handle all procedural difficulties, and calculate fair compensation for what you’ve lost. Even though winning a suit after being hit by a police car is more complicated than a usual car accident, government protections do not automatically block your right to seek justice.
The right legal team can help you overcome these challenges and often obtain the recovery you deserve. To learn more about what happens after you’re hit by a police car and whether you have a chance in court, read our blog post: “Hit By a Police Car: Do You Stand a Chance in Court?“
Ultimately, filing a successful claim and proving fault after a collision with a police car requires a detailed investigation. Just because the party that hit you was a police officer doesn’t mean you have no chance at obtaining compensation for your injuries.
How a Personal Injury Lawyer Builds an Emergency Vehicle Accident Case
A personal injury lawyer’s role in an emergency vehicle accident case is to create a thorough, persuasive presentation of exactly what happened and why the injured party deserves compensation. A lawyer usually takes the following steps:
Investigating the Accident Scene
A car accident lawyer will investigate all aspects of the crash and the accident scene. This involves examining photo evidence, taking their own pictures, tracking down surveillance footage if available, and getting an overall idea of what the scene looks like.
Reviewing Dispatch Logs, Protocols, and Vehicle Data
Attorneys obtain the emergency vehicle’s logs, evidence about call priority, and GPS or on-board vehicle event data (speed, lights/siren use) to see whether department policies or state law were followed during the response.
Gathering Witness Statements
Your lawyer will also speak with any witnesses they can track down to get their version of what happened, which could corroborate what you’re saying. Having a witness who isn’t a friend or family member is usually very helpful, as they have no motive to fabricate their statement.
Consulting with Experts
Experienced attorneys bring in accident reconstructionists, former law enforcement officers, engineers, or medical experts as needed. These specialists clarify confusing technical questions and back up your version of what happened with professional authority and explain why you should be entitled to compensation.
Documenting Injuries and Economic Losses
Every medical diagnosis, hospital bill, lost workday, or other loss must be logged meticulously and directly tied to the crash. Lawyers make sure every past, present, and anticipated hardship is presented for a claim’s full value.
Meeting Special Government Claims Deadlines
Suits involving emergency vehicles often involve very short notice timelines (such as a six-month or 90-day notice period). A lawyer makes sure you meet all local rules and don’t lose your claim to a technicality.
Gathering comprehensive evidence and knowing the right legal strategies gives you the leverage you need during this difficult time.
Compensation Available in Emergency Vehicle Accidents
If you’re injured in an accident involving a police car, ambulance, or fire truck, you could be entitled to compensation just as in any other motor vehicle collision. These damages aim to address both your financial losses and the effects on your quality of life. Common types include:
- Medical costs, including emergency treatment, surgeries, follow-up visits, medications, and rehabilitation
- Lost income, such as wages missed during recovery or if your injury limits your ability to work in the future
- Pain and suffering, reflecting the physical pain and the emotional impact the accident has had
- Long-term care, disability, or ongoing therapy if you will need continuing medical or personal assistance
- Home modifications if your injuries require adapting your living space
- Out-of-pocket expenses relating to medication, equipment, and travel for medical care
- Wrongful death damages, available to surviving families if a loved one is killed; these cover funeral costs, loss of companionship, and lost financial support
Though recovering damages from a government agency has more hurdles, experienced legal help can maximize your claim and help you seek compensation for all of your losses.
Who is Liable in Emergency Vehicle Accidents?
Establishing liability after an emergency vehicle crash can be complicated, as multiple parties may share responsibility. A careful investigation is required to determine who can be held accountable.
The Emergency Vehicle Driver
Just like any motorist, the operator of a police car, ambulance, or fire truck can be liable if they acted recklessly, ignored department protocols, failed to obey lights/siren usage requirements, or otherwise didn’t drive safely, even during an emergency.
The Government or Public Agency
Cities, counties, or the state may be held responsible for their employees’ actions, especially if there was negligent training, selection, or monitoring. Sovereign immunity may limit these claims, but it doesn’t always block them.
Private Companies
Not every ambulance is city-owned – private ambulance services might be liable. These employers can be held responsible under vicarious liability for the errors of their staff. They may also be directly liable if flawed training, understaffing, improper vehicle maintenance, or inadequate supervision contributed to the accident.
The Fleeing Suspect (in Police Chase Cases)
In pursuit scenarios, the suspect fleeing law enforcement often shares liability or carries the primary responsibility for any accidents, injuries, or deaths that occur as a result of the crash.
Other Contributing Drivers
In some situations, a driver or party other than the one operating the emergency vehicle could be responsible, even if you ultimately were hit by the emergency vehicle. For example, if the emergency responder was forced to swerve because another vehicle was driving aggressively and then crashes into you, the aggressive driver could be at fault.
Injured Party Partially at Fault
The injured victim may be found partly at fault if they failed to yield to sirens, drove recklessly, or otherwise contributed to the incident. This can substantially lower the compensation victims collect, and in some states with “contributory negligence” rules, the victim may receive nothing if they are at all to blame – even 1%.
Only a few states still bar recovery for any amount of fault. Most states use pure or modified comparative negligence. In California and New York, recovery is never barred because of fault – it’s simply reduced by the victim’s percentage of fault because they use pure comparative negligence.
The specifics of your claim will ultimately depend on what happened and who was involved. Because there are numerous layers to these types of accidents, it’s essential to work with an experienced accident attorney as soon as possible. Call us to schedule a free consultation.
Contact Sepulveda Sanchez Accident Lawyers to Schedule a Free Consultation After an Accident With an Emergency Vehicle
We understand how difficult it is to be involved in a motor vehicle accident, and this difficulty is amplified significantly when the other vehicle involved is an emergency vehicle. You might think you should just handle this situation on your own, but it’s always a good idea to work with a professional who can help you get damages for your injuries and losses. Our team is here for you.
At Sepulveda Sanchez Accident Lawyers, we prepare every case as if it will go to trial. Our attorneys build powerful claims and always work on a contingency basis, so you pay no fees unless and until we recover compensation for you. We leverage decades of legal and courtroom experience, work with investigative resources and experts, and have won millions for our clients.
For our Spanish-speaking community, our law firm proudly provides services in Spanish. Your first consultation is always free. Reach out today to learn more about your options. Call (213) 397-2036 or complete our online contact form when you’re ready.