Most people understand that emergency vehicles in California have to respond quickly to medical emergencies and accidents. That said, this response can frequently lead to accidents with other vehicles, including yours.
Any car accident has the probability of causing serious injuries and even fatalities, but when an emergency vehicle is involved, it can make the situation much more complicated. Still, there are certain legal rights that you have as an injury victim in California, and Maison Law can help you explore those.
Experienced California Car Accident Lawyers
When you share the road with emergency vehicles in California, you naturally expect them to prioritize your safety. However, responding to emergencies can sometimes mean that this isn’t always the top priority.
At Maison Law, we understand how challenging a car accident can be, particularly when the accident involves an emergency vehicle. Our team of experienced and dedicated California car accident lawyers will be ready to guide you by explaining your legal rights and seeking the available legal remedies and assistance. Contact us today to set up a free consultation to learn more.
How Are Emergency Vehicles Classified in California?
Because they are often publicly-owned, emergency vehicles have a different set of regulations than normal vehicles in California. Under Section 165 of the California Vehicle Code (CVC), an emergency vehicle is:
- Any publicly-owned and operated ambulance or other vehicle with lifeguard or lifesaving equipment.
- Any privately-owned and operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls. This includes ambulances owned and operated by private companies that have been granted a permit by the California Highway Patrol to respond to emergency calls.
Under this definition, vehicles owned and operates by any of the following can be considered an emergency vehicle:
- Fire departments
- Law enforcement agencies
- Rescue squads
- Civil defense agencies
- California Highway Patrol (CHP)
- A county or city ambulance service
- Public transit authorities
- Hazardous material response teams
- Tow emergency vehicle companies responding to an emergency call
While emergency vehicles have the legal authority to forego certain traffic laws and regulations, it’s important to understand how accidents can happen when these vehicles are involved. As you might expect, the timing and circumstances of an accident is extremely important.
How Do Car Accidents With Emergency Vehicles Happen in California?
When an emergency vehicle is responding to an accident or other emergency in California, state law makes them exempt from certain traffic laws. Furthermore, as a driver, you have to:
- Yield to any emergency vehicle with flashing lights or that is responding to an emergency, under CVC 21806.
- Not follow these vehicles too closely when these vehicles have their flashing lights or siren on, under CVC 21706.
However, outside of these parameters, an emergency vehicle that is not responding to an accident or call is like any other vehicle on the road in California in terms of the underlying causes of accidents.
Moreover, because these vehicles are built specifically to carry equipment and injured passengers, they are larger and heavier than normal vehicles. As such, accidents with emergency vehicles are frequently more severe in terms of the impact. Here is a look at some of the underlying causes:
- Negligent driving ranks as a primary factor in emergency vehicle accidents, much like any other accident. This covers a wide range of careless behaviors, including the driver being distracted, speeding, driving while fatigued, or improperly using the vehicle’s lights or sirens to try to avoid traffic.
- Proper maintenance is crucial for the safe operation of emergency vehicles. Neglecting maintenance can lead to mechanical breakdowns, such as brake malfunctions or tire blowouts, which can lead to accidents.
- Inadequate loading and securing of equipment can be a cause of some emergency vehicle accidents. Equipment that’s overloaded or improperly secured can shift during the trip, destabilizing the vehicle and increasing the likelihood of accidents.
- Drivers lacking sufficient skills or training to handle emergency vehicles safely are another risk factor. This is particularly concerning in demanding driving situations, where inexperienced drivers may struggle, increasing the accident risk.
While any car accident requires certain actions, when there’s one that involves an emergency vehicle, it’s even more important to your overall legal rights and options. Thus, understanding what to do when you’ve been involved in one is also very important.
What Should You Do If You’ve Been Involved in a Car Accident With a California Emergency Vehicle?
Obviously, the aftermath of a car accident with an emergency vehicle in California is a bit different than under normal circumstances. Fortunately, you can rely on many emergency vehicles to provide medical attention in the event of an accident, even if they were the other vehicle involved. With that taken care of, you’ll also want to make sure to do the following:
- Move to a safe location – If your vehicle is disabled and blocking traffic and it’s safe to do so, move it to the side of the road to avoid further accidents. Other emergency vehicles will need clear access, so creating a path is essential.
- Assess the situation – Check the condition of the emergency vehicle, and document whether its lights and sirens are still on. Also assess any obvious damage or injuries to your passengers or the emergency responders. Knowing the full scope of the situation will assist you in making informed decisions about your next actions.
- Exchange information – Exchange information with the emergency vehicle driver and any other involved parties. Make sure to get names, contact information, insurance details, and vehicle information.
- Document the scene – Take pictures and videos of the accident scene, including the damage to both vehicles and any injuries. This evidence will be important for any potential legal action you take.
- Cooperate with authorities – When the police arrive–or if they were involved in the accident, provide them with accurate information about the accident. Be honest and objective in your account of the events.
Liability
A major element of any car accident in California is figuring out who is responsible for causing the accident and the resulting injuries. In accidents with emergency vehicles, this can be fairly complex due to the unique circumstances involved.
Generally speaking though, if the emergency vehicle was acting outside of its scope in responding to an accident or emergency, it can be treated like any other vehicle in an accident. With that said, many emergency vehicles have immunity from total liability in an accident, especially if they were in the act of responding to some event.
Still, there are limits to this liability. Overall, if there’s an accident involving an emergency vehicle, any of the following could potentially be liable:
- The driver of the vehicle
- The government entity that employs the driver or owns the vehicle
- Another driver, passenger, or pedestrian that caused the accident
- Manufacturers of a defective part or piece of equipment
Another key element of any car accident is California’s “comparative negligence” rule. This holds that any percentage of fault that the injury victim contributed to the accident will reduce their overall recovery in any legal action by the same percentage.
Damages Available After a Car Accident With an Emergency Vehicle in California
After prioritizing your health and well-being, your next step after a car accident with an emergency vehicle is pursuing financial support and benefits through an injury claim. Our seasoned team is here to guide you through the intricate process of one of these accident claims.
Generally speaking, a claim for damages in a California car accident will cover things like:
- Medical expenses – This includes the costs associated with your medical treatment, including doctor visits, hospital stays, surgeries, medications, and related expenditures.
- Treatment and rehabilitation costs – These include expenses for ongoing care and recovery, such as physical therapy, chiropractic care, occupational therapy, counseling, and other therapies aimed at helping you recuperate.
- Lost wages and income – These damages pertain to the earnings you are unable to receive due to your injuries, preventing you from working during your recovery period. It covers the wages or salary you would have earned had the accident not occurred.
- Emotional distress – This refers to the emotional suffering you endure as a result of the accident, encompassing a wide range of negative emotions that affect your well-being, such as sadness, grief, humiliation, or anguish.
The extent of these damages depends on the severity of your medical bills and the emotional impact of the accident. In many emergency vehicle accidents, the damages are substantial. Therefore, it’s crucial to be aware of the statute of limitations, which sets a two-year deadline from the accident date for filing an emergency vehicle accident claim in California. Missing this deadline can result in the inability to seek a claim.
Contact Maison Law Today to Help With Your Legal Rights
Experiencing an emergency vehicle accident can be a traumatic and devastating event. Our team of experienced California car accident lawyers at Maison Law is dedicated to assisting you in obtaining the financial and legal support necessary for your recovery.
We handle all aspects of your claim, allowing you to concentrate on your health and well-being. For a free consultation, please don’t hesitate to contact us today.
