Liability When an Ambulance Causes an Auto Accident
On September 18, 2024, a crash involving an ambulance in Philadelphia’s Crescentville neighborhood left at least two people injured near the intersection of Adams and Whitaker avenues. While details about whether a patient was in the ambulance are unclear, this incident highlights the complexities of accidents involving emergency vehicles. When ambulances are involved in collisions, determining liability can be challenging due to their unique role in public safety. This blog will explore the legal framework surrounding ambulance-related accidents and the responsibilities of emergency vehicle drivers.
Ambulances are crucial for emergency medical services, often responding to life-and-death situations. However, due to the urgency of their work, ambulances may be involved in auto accidents while rushing to a scene or hospital.
Determining liability in these cases can be complex, given that emergency vehicles are granted certain legal exemptions under traffic laws. Still, those exemptions do not give ambulance drivers carte blanche to act negligently. If you or a loved one have been hurt by an ambulance accident, consult with a Philadelphia commercial vehicle accident lawyer to learn when and how an ambulance can be held liable for causing an auto accident.
Legal Exemptions for Ambulances
Ambulances and other emergency vehicles are often permitted to violate certain traffic laws, such as speeding or running red lights, provided they are responding to an emergency and using lights and sirens. However, even with these exemptions, drivers of emergency vehicles are still required to operate their vehicles with due regard for the safety of others on the road. Failure to do so can make the ambulance driver and their employer liable for any accidents caused.
When is an Ambulance Driver Liable?
An ambulance driver may be held liable for an accident if it is shown that they were driving negligently or recklessly. Examples include failing to yield to traffic appropriately, speeding excessively without using lights and sirens, or making erratic driving decisions that lead to a crash. Even in emergencies, the driver is obligated to operate the vehicle responsibly. If it is demonstrated that the driver failed to do so, both the driver and the ambulance company may face liability claims.
Employer Liability: Vicarious Liability and Negligence
Ambulance companies can also be held liable under the legal doctrine of vicarious liability. If an employee, such as an ambulance driver, causes an accident while performing their duties, the employer may be held responsible for the driver’s actions.
In some cases, employers may also be liable for negligence in hiring, training, or supervising ambulance drivers. For example, if an ambulance driver was not properly trained or had a history of reckless driving, the employer may be found negligent for allowing that person to operate an emergency vehicle.
Injured Passengers or Patients
Liability is not limited to other drivers on the road. If an accident occurs due to an ambulance driver’s negligence, passengers or patients inside the ambulance may also have grounds to file a compensation claim. Patients being transported in ambulances often have pre-existing injuries or medical conditions, making it even more critical for ambulance drivers to operate safely. Any negligent actions that lead to further injury could result in the ambulance company facing a personal injury lawsuit.
Comparative Negligence
In some states, including Pennsylvania, liability may be determined based on comparative negligence. This legal doctrine means that multiple parties could share responsibility for an accident, and the degree of fault is assigned to each party. For example, if a driver fails to pull over when an ambulance is approaching, and an accident occurs as a result, both the ambulance driver and the other driver could share liability. In such cases, the compensation awarded to each party could be reduced based on their percentage of fault.
Special Considerations for County or Municipal Ambulances
When accidents involve county or municipal ambulances, determining liability can be more complex due to governmental immunity laws. Government entities, including counties or municipalities, often have legal protections that limit their liability in lawsuits. However, exceptions can be made if the ambulance driver acted with gross negligence or reckless disregard for safety.
In such cases, victims may still pursue compensation, but these claims may have different filing procedures and deadlines (such as shorter statutes of limitations) and may require filing a notice of claim with the government entity before proceeding with a lawsuit. Consulting an attorney experienced in dealing with governmental entities is crucial to navigating these complexities.
What Should You Do if Involved in an Accident with an Ambulance?
If you’ve been involved in an accident with an ambulance, it’s important to take certain steps to protect your rights and gather evidence:
- Call the Police: Report the accident, even if the ambulance was responding to an emergency.
- Document the Scene: Take photographs of the scene, the vehicles involved, and any visible damage.
- Seek Medical Attention: Even if you feel fine, get checked out by a medical professional, as some injuries may not present symptoms immediately.
- Consult a Lawyer: Due to the complexity of emergency vehicle accidents, it’s important to consult with an experienced personal injury attorney to understand your legal options.
Compensation for Injuries
Victims of ambulance accidents may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering. In cases of gross negligence, victims may also be able to pursue punitive damages. The specifics of each case will determine the type and amount of compensation awarded.
Contact The Villari Law Firm
While ambulances are vital in responding to emergencies, they are not immune from liability when their drivers act negligently. Understanding the circumstances under which an ambulance driver or their employer can be held responsible is key to navigating these complex legal scenarios. If you’ve been injured in an accident involving an ambulance, it’s essential to consult with a personal injury attorney to explore your legal options and ensure that your rights are protected.
If you or a loved one has been injured in an accident involving an ambulance, The Villari Law Firm can help. Our experienced attorneys understand the complexities of cases involving emergency vehicles and can guide you through the legal process to ensure that you receive the compensation you deserve. Contact us today for a free consultation to discuss your case.
Sources:
casetext.com/statute/pennsylvania-statutes/consolidated-statutes/title-75-pacs-vehicles/part-iii-operation-of-vehicles/chapter-31-general-provisions/subchapter-a-obedience-to-and-effect-of-traffic-laws/section-3105-drivers-of-emergency-vehicles
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=00.&chpt=031.&sctn=005.&subsctn=000.
cbsnews.com/philadelphia/video/2-injured-in-ambulance-crash-in-philadelphias-crescentville-neighborhood/#x
