Who Is Liable for an Emergency Vehicle Accident?

Ambulance passing through the highway.

Police, firefighters, and emergency medical responders must respond to emergencies as quickly as possible. While reaching their destination is a priority, emergency vehicle drivers must still exercise due caution, or else they run the risk of causing a severe injury accident.

If you were injured in a crash involving an emergency vehicle in Georgia, make sure to reach out to a knowledgeable personal injury lawyer right away for help. Seeking compensation from a municipal, county, state, or federal agency can be challenging. However, with the right legal team by your side, you can aggressively pursue the fair compensation you need and deserve.

The Douglasville personal injury lawyers at Sherrod & Bernard, P.C., have nearly 80 years of experience handling complex injury cases. We have the resources, skills, and knowledge necessary to help you if you’ve been injured in a collision with an emergency vehicle.

Call us, chat with us live, or reach out online today for a 100% free consultation.

Georgia Traffic Laws for Emergency Vehicles

You should be aware of three important laws regarding emergency vehicles on Georgia roads.

The first, which comes from Section 40-6-6 of the Georgia Code, concerns what police cars, fire trucks, and ambulances can and can’t do when responding to an emergency. This law states that if an authorized emergency vehicle has its siren going and its emergency lights illuminated, the driver is allowed to exceed the speed limit and break other traffic laws – as long as it “does not endanger life or property” – so they can get where they need to be as quickly as possible.

Drivers of emergency vehicles must still be careful to avoid causing an accident and can speed or break other traffic laws only when it’s safe to do so. Furthermore, if an emergency vehicle does not have its siren and emergency lights turned on, the driver must follow the rules of the road.

The second law you should know about when it comes to emergency vehicles comes from Section 40-6-16 of the Georgia Code. Known as the Spencer Pass Law or the “Move Over Law,” this statute says that if a driver is coming up on a stopped emergency vehicle that has its lights flashing, the driver should move into an adjacent traffic lane away from the emergency vehicle to avoid injuring anyone inside or near the vehicle. The law further states that if drivers can’t move into an adjacent lane, they should slow down to below the posted speed limit until they have safely passed the emergency vehicle.

The third important law to be aware of regarding emergency vehicles is Section 40-6-74 of the Georgia Code. This law states that if you notice an emergency vehicle coming toward you, you should immediately yield the right-of-way and move as close to the right side of the road or the edge of the curb. Once the emergency vehicle has passed, you can resume your travels.

Fault for Crashes Involving Ambulances in Georgia

Ambulances responding to an emergency need to get to their destination as quickly as possible, which may mean they need to speed, drive through a red light, or make other aggressive driving maneuvers. Ambulances are allowed to do this if they have their lights and sirens activated.

If you’re struck by an ambulance that has its lights and sirens on, you might be at fault for the crash. However, if the ambulance driver did not check if it was safe before proceeding through a red light or making another dangerous driving maneuver, they could be liable for the crash. The same is true if you collide with an ambulance with no sirens and lights on.

Fault for Crashes Involving Police Cars in Georgia

Like ambulances, police cars often need to travel at high speeds, run red lights and stop signs, or break other traffic laws when responding to an emergency. They are allowed to do this, but only if they have their lights and siren on, and they must make sure it’s safe before breaking any traffic laws.

If you’re involved in a car accident or truck accident with a police car, you may be held liable for the crash if the vehicle had its lights and siren going and the driver took reasonable precautions. On the other hand, if the vehicle did not have its lights and sirens on or the officer was not sufficiently careful before breaking traffic laws, they could be liable for your injuries.

Police chasing the black car in the road.Unlike other emergency vehicles, police cars often engage in high-speed pursuits of fleeing drivers. To ensure that continuing a pursuit doesn’t pose an unreasonable risk to the community, the police must constantly run a risk analysis to weigh the risks of letting the fleeing driver get away against the hazards continuing the chase poses to public safety.

Fault for Crashes Involving Fire Trucks in Georgia

Fire trucks are allowed to speed, run red lights, and break other traffic laws if they have their lights and sirens on and exercise caution before breaking these rules. If you’re involved in an truck accident or car accident with a fire truck that’s following the laws, you could be held liable for the accident. If the fire truck driver was not following the rules, they could be held liable for the crash.

What Is Sovereign Immunity and How Does It Affect a Georgia Claim?

The doctrine of sovereign immunity is one of the complicating factors in any accident involving emergency vehicles. In essence, this doctrine states that government agencies generally cannot be sued unless they allow themselves to be.

However, the Georgia Tort Claims Act waives sovereign immunity and allows lawsuits against government agencies in certain circumstances. Because these claims are more complex than a typical car crash suit, you need to work with an attorney who understands the law and how to make a strong case.

What Can Drivers Do to Avoid an Accident with an Emergency Vehicle in Georgia?

Here are some easy tips for avoiding accidents with emergency vehicles:

  • If possible, move over if you’re coming up on a stopped emergency vehicle. Not only is moving over for stopped emergency vehicles the law, but it also makes it less likely that you’ll accidentally strike the vehicle or emergency personnel on the side of the road.
  • Get out of the way of emergency vehicles. If you’re in traffic and an emergency vehicle is coming up behind you or toward you, follow the law and move as far as you can to the right side of the road.
  • Don’t drive while you’re impaired, distracted, or tired. Staying awake, alert, and focused on the roads will make it easier for you to notice a nearby emergency vehicle and avoid a crash.

Get Help from an Experienced Georgia Car Crash Lawyer

The Georgia emergency vehicle accident lawyers at Sherrod & Bernard, P.C., will be ready to fight for you if you were injured in a crash involving an emergency vehicle. While government entities are generally well protected from liability, it is possible to seek compensation if the driver or another party were negligent and caused you harm.

Don’t assume that you don’t have a case just because the other side is a government agency. Instead, contact one of our knowledgeable attorneys today for a thorough, honest, and 100% free case evaluation. Call us or reach out online to speak with us now.

Author: Ken Bernard

Kenneth R. Bernard Jr. serves as the Managing Partner of Sherrod & Bernard, P.C. A native of Douglas County, Kenneth earned both his undergraduate and law degrees from the University of Georgia. He then served his country as a Judge Advocate General in the U.S. Marine Corps, attaining the rank of Captain during Operation Desert Shield and Operation Desert Storm. After his service, Ken returned home and joined forces with John Sherrod to launch Sherrod & Bernard, P.C., a law firm with a mission of providing superior legal services with a neighborly touch. In addition to his practice, Ken has served on several boards and committees, including three terms as Chairman of the University System of Georgia Foundation, Inc.