Posted in Car Accidents on October 9, 2024
Even though we think of emergency vehicles as responding to vehicle accidents, the reality is that collisions with emergency vehicles are not uncommon. Unfortunately, the process of recovering the money you deserve after these incidents occur can be challenging without a Long Beach car accident lawyer, even if the emergency vehicle operator was at fault. Here, we want to discuss emergency vehicle liability because there are some different factors that come into play with these types of incidents that would otherwise not matter as much for a traditional vehicle accident.
Who Determines Liability and How?
In any car accident, determining liability is a critical step in securing compensation for injuries and damages. When it comes to accidents involving emergency vehicles, liability is determined by evaluating whether the driver of the emergency vehicle was following the rules of the road and whether they were acting within their legal duties.
California law requires that all drivers, including those operating emergency vehicles, adhere to traffic regulations. However, emergency vehicle drivers are granted certain exemptions under specific circumstances. For example, when responding to an emergency call, these drivers may run red lights, exceed the speed limit, and pass through stop signs, as long as they use sirens and flashing lights to alert other drivers. This flexibility is intended to help emergency responders get to their destinations quickly and save lives.
However, if the emergency vehicle driver was not operating within these parameters, or if they were not responding to an emergency at the time of the crash, they may be held liable for the accident. Determining liability (which means proving that another person’s actions caused the incident) requires a thorough investigation into the details of the accident, including:
- Whether the emergency vehicle’s sirens and lights were active at the time of the collision.
- The speed and actions of the emergency vehicle driver.
- The actions of others on the roadway involved in the accident.
- Whether the emergency vehicle was responding to a legitimate emergency.
California Laws Regarding Emergency Vehicle Accidents
In California, special laws govern the operation of emergency vehicles. The California Vehicle Code provides certain exemptions for emergency vehicle drivers under specific conditions, but these exemptions are not unlimited. According to California Vehicle Code 21055, emergency vehicle drivers can legally disregard some traffic laws (e.g., red lights, stop signs, speed limits) when responding to an emergency call, but only if they activate their sirens and flashing lights to alert other drivers.
If an emergency vehicle operator fails to take these steps or is not responding to an emergency, they must follow the same traffic laws as everyone else. If an emergency vehicle driver violates these rules and causes an accident, they could be found liable for any resulting injuries or damages.
Additionally, California Vehicle Code 21806 requires all non-emergency drivers to yield the right-of-way to emergency vehicles with activated sirens and lights. If a driver fails to yield and causes an accident, they could be held responsible for the collision.
What Happens If the Emergency Vehicle Driver Is at Fault?
If it is determined that the emergency vehicle driver was at fault for the accident, recovering compensation can still be a complex process. In California, emergency vehicles are typically owned by government entities (such as the city, county, or state). As a result, any claim for compensation must follow specific legal procedures, including filing a claim against the government.
To pursue a claim against a government entity, you must file an administrative claim within six months of the date of the accident. This claim outlines your injuries, property damage, and any other losses sustained due to the accident. If the government denies your claim, you may have the option to file a lawsuit in civil court to pursue compensation.
It is important to note that the rules for suing a government entity differ from those for suing a private individual, and missing key deadlines or filing incorrect paperwork can jeopardize your case. Consulting with a Long Beach personal injury attorney experienced in government claims is crucial to navigating this process successfully.
Can You Sue the Government for Emergency Vehicle Accidents?
Since emergency vehicles are often owned by government agencies, recovering compensation often involves filing a claim against the government. Suing a government entity in California follows different rules than suing a private individual or company. As mentioned, you must file an administrative claim within six months of the accident. If the government denies your claim or fails to respond within 45 days, you can proceed with a Long Beach truck accident lawsuit.
Filing a lawsuit against a government entity can be challenging, as these entities are often protected by sovereign immunity, which shields them from certain legal claims. However, exceptions exist, particularly in cases of negligence by a government employee, such as an emergency vehicle driver.