Accidents involving emergency vehicles
- December 23, 2015
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Seeking claim in accidents involving emergency vehicles such ambulances, police vehicles, fire trucks, or vehicles performing road maintenance can be complicated. Emergency vehicles are permitted by law to violate traffic regulations when responding to an emergency or performing roadway maintenance or repair. However they may still be held liable if they hit another vehicle or a pedestrian.
Ordinary negligence as opposed to reckless regard
It is important to understand the distinction between ordinary negligence and reckless regard, as well as how they both apply in emergency vehicle liability.
- Ordinary negligence means that the driver has failed to operate the vehicle reasonably within the standard of care expected from an average driver.
- Ordinary negligence applies to most drivers on the road who speed, run red lights, fail to signal before turning or changing lanes, etc.
- Emergency vehicles are allowed by law to violate traffic rules when responding to an emergency, therefore they are not liable when ordinary negligence accidents occur as in instances involving other ordinary vehicles.
- In order to hold an emergency vehicle liable, you need to prove that the driver acted with reckless regard for the safety of others.
- Reckless regard is a legal term that is a standard of proof that is of higher regard than ordinary negligence.
- If an emergency vehicle is responding to an emergency but is observing traffic rules, it may be held liable of ordinary negligence.
Notice of claim
Emergency vehicle claims mostly involve public entities such as county or municipality. In this case, the rules for filing claims are different and much shorter than statute of limitations applied in most personal injury cases. A personal injury attorney can determine if your claim involves public or private entities so that you know how to proceed to protect your rights.
Contact Rockland Injury Lawyer
If you have been injured in an accident involving an emergency vehicle, speak to emergency vehicle accident attorneys at Rockland Injury Lawyers. We will help you receive the compensation you deserve. Call us at 845-709-8005/ 800-940-1799 or email us at firstname.lastname@example.org / email@example.com.