When there’s a fire, it takes an extremely coordinated and quick effort to respond. Most of the time, it involves an interconnected team of dispatchers and fire department personnel rushing to the area to deal with the incident.
While there are a number of different types of emergency vehicles, among the most recognizable is the large red fire trucks that are in operation. These trucks carry firefighters and various pieces of equipment throughout California fighting fires and other resulting emergencies. While this takes a great deal of bravery, it also involves the potential for being in an accident with other drivers on the road. When that happens to you or a loved one, you could be facing serious injuries.
Contact Experienced California Emergency Vehicle Accident Lawyers
At Maison Law, we know that any vehicle accident carries the possibility of you or a loved one being hurt. But when these accidents involve a fire truck or other emergency vehicle, it can be complicated. That’s why we’re here to provide you with experienced legal support to make sure you get the benefits you’re entitled to under California law. To get started, contact us today for a free consultation.
What Causes Accidents WIth Fire Trucks in California?
It’s not surprising when there’s an accident with a fire truck in California. The purpose of these vehicles are to respond to fires and other emergencies in an expedient manner. In order to do that, these huge vehicles must:
- Be able to use sirens to clear traffic
- Follow the fastest possible route to an emergency
- Carry firefighters and other personnel, along with their equipment
Because of this, fire trucks themselves are much larger and heavier than normal passenger vehicles. As such, these vehicles resemble large commercial trucks in not only their design, but also in the overall risk they pose to you and other drivers they share the road with. With that in mind, here is a look at what types of accidents there can be fire trucks in California:
- Blind spot accidents – Because fire trucks are so much larger and more difficult to maneuver, fire truck drivers sometimes don’t check their surroundings before changing lanes or making a turn. This can lead to collisions that hurt both the fire truck driver and driver in the other car.
- Truck rollovers – Fire trucks are difficult to drive, especially at high speeds in inclement weather and bad road conditions. Also, sometimes these vehicles are improperly loaded with cargo, which leads to them being unbalanced. These conditions can usually result in the truck rolling over and causing an accident.
- T-bone accidents – Similar to blind spot accidents, fire trucks are frequently involved in t-bone collisions, where they veer into other lanes and contact the side of other cars. Because of their weight, fire trucks can push these cars into traffic, worsening the accident.
- Tire blowout – Despite their continued use, fire trucks are not always maintained properly. With a lot of wear and tear, tires don’t always keep up with the demands of transporting goods. When the fire truck suffers a tire blow out, it can cause the driver to lose control and crash into other drivers or pedestrians.
- Unloading accidents – Not only do fire truck accidents occur on the road, there is also a high risk for injury while unloading or loading the fire truck.
Furthermore, fire truck accidents occur on both highways and streets. Their size and weight make fire trucks difficult to maneuver at higher speeds, and also makes it difficult for them to maneuver around other drivers. In most every case, if you’re involved in a fire truck accident, you can expect to suffer injuries.
Common Injuries in California Fire Truck Injuries
In looking at accidents with fire trucks in California, it’s clear that you or other victims will likely be facing serious injuries simply due to the massive difference in weight and size between your car and a fire truck. That said, every accident is unique. Still, you can expect to encounter the following types of injuries in these accidents:
- Concussions and Traumatic Brain Injuries (TBI)
- Whiplash
- Fractured bones
- Strained or torn ligaments
- Cuts and bruises
- Amputations
- Wrongful death
After an accident, your top priority should be ensuring your safety and checking for any injuries. Following that, it’s crucial to take the following steps to preserve your potential damages claim:
- Report the accident to the appropriate authorities. Most firefighters will have quick access to medical care to help you.
- Start collecting statements from witnesses.
- Take photos and videos of the accident scene.
- Get contact information with the other parties involved, as well as any witnesses.
Additionally, once you’ve completed these initial actions after a fire truck accident, it’s likely that there will be an accident report that will be created, either by the fire department or the police. We can help you obtain this report, which will have important insurance information.
Who is Liable in a California Fire Truck Accident?
Probably the most confusing aspect of a fire truck accident in California is figuring out who is responsible. Generally speaking, when there’s a car accident, someone is liable. Under normal circumstances, liability is determined by negligence, and the at-fault party’s insurance company is responsible for covering the injured person’s damages.
However, when the accident involves a fire truck, there is still liability–but there are laws in place that protect government entities like fire departments in certain circumstances. Known as “sovereign immunity”, government entities like fire departments and fire trucks are immune from liability in accidents if they’re in the process of responding to a fire or other emergency.
However, in the event that the fire truck driver or department was acting negligently while not responding to an emergency, this immunity is waived and they’re considered like any other vehicle driver.
From there, the procedure for filing a claim involves:
- Notice of claim – The initial step involves submitting a “notice of claim.” This informs the state about an incident that may lead to a potential lawsuit. You must file this notice within six months of the injury.
- The government’s response – Once you’ve filed your notice, the fire department–either through the city, county, or state–has 45 days to respond. If the state outright rejects your claim, you can proceed to file your lawsuit in state court. However, if the fire department rejects your claim in another way, you must file your lawsuit within sixty days of the rejection. If the entity doesn’t formally respond, you have two years to file your claim.
Once you’re able to meet the requirements and actually file a claim, we’ll be there to help you through the process. Generally speaking, your claim typically consists of two main parts:
- Establishing negligence – To determine liability, it’s crucial to prove that the fire truck driver or department was negligent in how they were acting behind the wheel, leading to your accident. Negligence involves four key elements:
- The fire truck driver had a duty to operate their vehicle in a safe manner.
- The driver failed in this duty by driving negligently, creating a hazardous condition.
- This failure directly caused the accident.
- Your accident resulted in injuries and losses.
Damages in a California Fire Truck Accident Claim
Once you establish negligence and confirm the fire department or fire truck driver’s liability for your damages, you can seek financial support for various losses, including:
- Medical expenses and care costs
- Lost income and potential future earnings
- Reduced future earning capacity
- Pain and suffering resulting from physical injuries
- Impairments, disfigurement, and disabilities
- Loss of enjoyment of life
Keep in mind that California has a comparative negligence rule, meaning that any percentage of fault you have in the accident will reduce your damages by the same percentage. With that said, our experienced team can help you gather all the evidence you’ll need and proceed in a way that keeps your claim viable and strong.
Dedicated California Fire Truck Accident Lawyers
When you’re injured due to the negligence of a driver behind the wheel of a massive fire truck, it can be frustrating and disheartening. However, the next step is to file a claim and hold the driver and fire department accountable.
At Maison Law, our team of experienced California emergency vehicle accident lawyers, can assist you in this process. We have extensive experience in handling claims involving fire departments and other state entities. While this claims process may differ from others, we can guide you through its intricacies to ensure you receive the financial support you need. To set up a free consultation, contact us today.
