Daytona Beach has more car accidents than any other Floridian city.
Accidents involving emergency vehicles in Florida can be complex and distressing. Given the urgency of emergency responders, Florida traffic laws provide protections for them.
Still, this doesn’t pardon emergency service vehicles of all responsibility. Liability in such cases hinges on emergency vehicle regulations and accident liability laws.
Read on to learn who may be liable for Florida emergency vehicle accidents, how Florida traffic laws influence these cases, and more.
Taking Stock of Florida Traffic Laws for Emergency Vehicles
Florida law offers specific rules and exemptions for emergency vehicles to help ensure responders can reach those in need as quickly as possible. Based on Florida traffic laws, emergency vehicles are permitted to break standard traffic regulations under certain conditions. For example, they may exceed speed limits, run red lights, and bypass stop signs during emergencies. Still, these exemptions come with strict stipulations.
Use of Audible and Visual Signals
Emergency vehicles must activate lights and sirens when taking advantage of traffic exemptions. Doing this serves as a warning to other drivers, allowing them to take appropriate action, such as yielding the right of way.
Duty of Care Requirement
Even though emergency responders are allowed to bypass some traffic regulations, they must exercise a reasonable degree of care to avoid unnecessary harm to others. This means they are not permitted to drive recklessly, even in the line of duty.
The “Move Over Law” requires drivers to yield to emergency vehicles with active lights and sirens. Drivers must either move over a lane or, if unable to do so safely, reduce their speed to allow emergency vehicles to pass. Failure to comply can result in citations for the drivers involved and increases the risk of accidents, for which they may bear partial liability.
Accident Liability Involving Florida Emergency Vehicles
While emergency vehicles have certain privileges under Florida traffic laws, they are not immune to liability in an accident. Determining liability in these cases depends on multiple factors.
Was the Emergency Vehicle on Duty?
If an emergency vehicle was responding to an emergency at the time of the accident, liability considerations would differ from cases where the vehicle was not on duty. When an emergency vehicle is responding to a call, it’s often afforded more legal protection due to the nature of the work. Still, if the vehicle was off-duty or not in emergency mode, it must abide by the same traffic laws as any other vehicle.
Did the Emergency Vehicle Have Lights and Sirens Activated?
In Florida, emergency vehicles must activate their sirens and flashing lights when disregarding standard traffic laws. Failure to do so may render the emergency vehicle driver partially or wholly liable for any resulting accident, as this could be deemed a breach of duty of care. If an emergency responder fails to use these warnings, other drivers may not be expected to yield or take evasive action.
Was the Emergency Vehicle Driving Recklessly?
Although emergency vehicles have certain legal protections, they must avoid “reckless disregard for the safety of others.” If an emergency responder behaves in a way that endangers other road users, liability may fall on the emergency services department or the responder.
Did the Civilian Driver Obey the Move-Over Law?
Civilian drivers are required to yield to emergency vehicles when lights and sirens are active. Failure to move over or slow down may lead to a shared or even sole liability for an accident. If a driver doesn’t follow the Move Over Law and an accident occurs, they could be held responsible.
Who Can Be Held Liable in Emergency Vehicle Accidents?
In Florida, liability for emergency vehicle accidents can fall on multiple parties. It depends on the factors involved in the crash.
Emergency Responder
If an emergency responder is found to have acted with reckless disregard for safety, they or their agency may be held liable for damages. For instance, a responder who runs a red light without signaling or drives at an excessively high speed might be held responsible.
Government or Municipality
Often, the employer of the emergency responder may be liable if the responder was operating within the scope of their duties. Under Florida’s sovereign immunity laws, there are certain limitations on claims against government entities. Consulting a legal professional can help clarify these complex limitations.
Civilian Driver
If the civilian driver failed to yield, violated the Move Over Law, or acted negligently in some other way, they could be held partially or wholly liable. In some cases, liability may be shared between the driver and the emergency vehicle operator.
Legal Rights After Accident
If you are involved in an accident with an emergency vehicle in Florida, understanding your legal rights is critical. Be sure to take the right steps to protect yourself and get compensation.
Receive Medical Attention
Even if you feel fine immediately after the accident, injuries can manifest later. Prompt medical documentation will also support any future legal or insurance claims.
Account for All Evidence
Gather as much evidence as possible from the scene, including witness statements. Details such as whether the emergency vehicle had its lights and sirens on can be crucial.
Speak to a Legal Professional
Navigating accident liability in Florida, especially with emergency vehicles, can be complicated. Consulting a legal professional experienced in Florida road accident guidance can make all the difference.
What Compensation Is Available?
If you are involved in an accident with an emergency vehicle, compensation may be available for various damages. Still, anything you receive can be reduced by your specific fault percentage.
In cases where an emergency responder or agency is found liable, there may be limitations on compensation due to Florida’s sovereign immunity laws.
Emergency Service Vehicles Are Not Above the Law
While emergency service vehicles have exemptions, they can still be responsible for car accidents.
RHINO Lawyers puts our passion and expertise into every case. We excel in car accidents, traffic tickets, medical malpractice, and more.
You can count on us in both Florida and Wisconsin. Don’t wait to discuss your potential case with the RHINO Lawyers today.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
