Usually, fire trucks have the right-of-way when responding to emergencies. However, there are cases where you can sue the fire truck’s agency if you prove that the driver acted negligently, causing the accident in Hawthorne.
Several factors should be considered when filing a claim against a local agency for a fire truck accident. In this article, you will understand your legal rights as a road user in such situations.
How Can Fire Trucks Cause Accidents?
Fire trucks are critical in responding to emergencies and saving lives. However, if not handled properly, they can potentially cause accidents. Here are some examples of how fire vehicles might cause accidents.
- Truck drivers tend to travel at a high speed in an emergency to reach their destinations. However, excessive rates and reckless driving can increase the likelihood of auto crashes. Firefighters and emergency personnel must weigh the necessity of speed against their and other road users’ safety.
- Fire trucks have the right of way when responding to an emergency with lights and sirens. Although it is required by law, other cars might not always adhere to it. This may result in collisions when merging into traffic or at intersections.
- Large fire trucks have limited visibility, especially when negotiating traffic. Blind spots can make it challenging for the driver to detect pedestrians or smaller cars, which raises the danger of collisions when executing lane changes or turning.
- When responding to emergencies, firefighters frequently run red lights, but they must carefully execute them only after being sure it is safe. Running red lights can result in collisions with other cars or pedestrians if you do not exercise proper caution.
- Firefighters and other emergency personnel may multitask inside the fire truck, such as when speaking with dispatch, using equipment, or coordinating with their team. Unfortunately, distracted driving can also lead to vehicle crashes.
Emergency responders must get the proper training, comply with traffic laws and regulations, practice caution, and prioritize safety while attending to emergencies to reduce the risks of fire truck accidents.
Likewise, road users must be aware of how to respond to oncoming emergency vehicles, giving them the right of way and providing them with the space necessary for a pass.
How Often Do Fire Trucks Cause Accidents?
Despite imposing safety protocols for responding to emergencies, fire truck accidents still occur in the United States. On average, the United States experiences close to 30,000 accidents involving fire trucks annually.
According to Responder Safety, 50 emergency responders were fatally hit by vehicles in 2022.
Additionally, a 2020 study by the National Fire Protection Association revealed that 15,675 traffic accidents involved fire department vehicles. 550 firefighters sustained injuries from these crashes, while seven others died in the accidents.
With the significant number of fire truck accidents occurring nationwide, road users should always practice defensive driving and adhere to emergency procedures when encountering fire trucks on roads and highways.
What Are the Traffic Rules Involving Fire Trucks in California?
In California, traffic laws ensure all road users’ safety when emergency personnel are responding to incidents. The following are mandated in all areas of California, including Hawthorne:
Move Over Law
California’s “Move Over” law compels all drivers to move over a lane. If they are unable to do so safely, they should reduce their speed when they notice amber flashing lights on Caltrans vehicles, police enforcement and rescue vehicles, and tow trucks.
This law was established and implemented in 2007 to safeguard police officers and other emergency responders when attending to a car crash or any emergency on the road.
According to the law, drivers should avoid using the lane immediately close to the disabled vehicle, thus ensuring ample space for emergency personnel to carry out their duties safely and reducing the risk of roadside injuries.
Moreover, drivers must slow down when passing the emergency vehicle if they cannot safely change lanes. These rules are not applicable if a protective barrier separates the emergency vehicle from the freeway.
Take note that failing to adhere to this law may lead to a $50 fine.
California Vehicle Code Section 21806
According to California Vehicle Code Section 21806, motorists must give the right of way to an emergency vehicle that is sounding a siren and displaying at least one visible red light that can be seen from a distance of 1,000 feet in front of the car.
By law, drivers should move to the right side of the road and stop to provide ample space for the emergency vehicle to pass without being blocked at any intersections. When it is fairly safe to do so, the driver must exit any special or preferred traffic lanes they are in.
Additionally, pedestrians must yield by stepping to the nearest curb or a secure area when encountering responding fire trucks and other emergency vehicles. They should remain there until the rescue truck has moved away.
Failure to comply with this law will result in a fine of up to $410.
Do Fire Trucks Have the Right of Way?
Fire trucks have the right-of-way when responding to emergencies. Remember that by law, a police car, fire engine, ambulance, or other emergency vehicle with a siren and flashing lights must be given the right of way. As much as possible, you should move to the right side of the road and halt until the emergency vehicle has passed.
In addition, California Vehicle Code (CVC) 21055 allows emergency vehicles, such as fire trucks, to be exempt from traffic laws, given that they are responding to an emergency. This means the emergency vehicle should have its red lights and sirens activated to be exempt from obeying the traffic laws.
It’s crucial to remember that although emergency vehicles have the right-of-way, their drivers are still expected to drive carefully and responsibly. Emergency vehicle drivers are taught to put safety first while attending to emergencies.
What Do I Do When a Fire Truck Is Near Me?
If a fire truck is near you, you should respond immediately and take the following steps to avoid a traffic accident in Hawthorne:
- Anticipate any emergencies around you.
- If there is an oncoming fire truck, move your vehicle to the right side of the road and come to a complete stop.
- Avoid stopping in the center of an intersection if the fire truck is approaching. Instead, proceed through the intersection and stop to the right as soon as it is safe to do so.
- To refrain from being in the way of the fire truck, never try to outrun or race it.
- Once you have safely pulled over, remain in your vehicle until the fire truck has passed. Try to avoid keeping up with it or merging back into traffic right away.
What Do I Do If a Fire Truck Hits Me?
On the other hand, if a fire truck hits you, you must ensure your safety and follow the tips below to help secure your legal rights if you are entitled to file a personal injury claim:
- Remain calm.
- If possible, move to a safe location to avoid further accidents.
- Call 911 or contact the Hawthorne Police Department to request their assistance.
- Check if you have incurred physical injuries during the fire truck accident.
- Request medical assistance and reach out to the nearest Hawthorne hospital.
- If you can, gather evidence at the accident scene, including contact details of the responsible party and their local agency, photographs of the damage, and statements from witnesses.
- Cooperate with law enforcement.
- Reach out to Hawthorne truck accident lawyers who can assist in building your personal injury case.
Can I Sue If I’m Involved in a Fire Truck Accident in Hawthorne?
Generally, you may file a claim against the at-fault driver if their negligent actions caused your accident. In such cases, negligence can be demonstrated through the following elements:
- The driver was responsible for ensuring everyone’s safety.
- The driver failed to fulfill this duty.
- The breach resulted in an accident.
- The accident caused injuries and other damage.
If you can prove the following elements, you are entitled to compensation for the damages caused by the crash.
However, this might be challenging to justify if a fire truck driver hits you. Remember that by law, you should give the right-of-way to emergency vehicles to avoid any auto crashes. Additionally, they are permitted to disregard traffic laws provided they are responding to an emergency with their lights and sirens on.
While proving a fire truck accident claim may require extensive work, it is possible. In such circumstances, you must prove that you could adhere to the safety protocols, yet the truck driver negligently hit you.
More often than not, local agencies are responsible for fire trucks. If you are involved in an accident in Hawthorne due to a fire truck driver’s wrongdoings, you may sue the local government handling the emergency vehicle.
Statute of Limitations Against Local Agency
If you are pursuing a personal injury case against a local agency for a fire truck accident, ensure to do it as soon as possible. This is because you can only do so within six months after the crash. If you fail to meet the deadline, your case will likely be dismissed.
When dealing with a truck accident claim, it is essential to be mindful of time. Only try to do things with a plan, or you might run out of time and miss doing the necessary legal tasks to win your case.
It is recommended that you reach out to Hawthorne truck accident lawyers who understand the legal process of your case and can help you figure out the proper steps to take when defending your claim.
Lawyer’s Tip: If you are partly responsible for an accident in California, you may still pursue an injury case to receive compensation for the damages. However, you will likely receive a reduced settlement. Contact a lawyer who can assess your situation and protect your legal rights.
What Damages Can I Claim for a Fire Truck Accident?
Settlements in truck accident cases can vary depending on the nature of the case. Your compensation value depends on how severe the damages are and how they affect your life.
Economic damages are financial losses calculated using documents like bills and receipts. This includes the following:
- medical costs,
- vehicle repair or replacement expenses,
- lost wages,
- future earnings capacity loss,
- and out-of-pocket expenses.
Non-economic damages, on the other hand, are intangible losses from the accident. The following can be considered non-economic losses:
- pain and suffering,
- anxiety,
- emotional distress,
- depression,
- and loss of companionship.
Punitive damages are additional costs the court imposes when the responsible party’s actions are especially severe or intentional.
Calculating economic damages is usually straightforward, but assessing the value of non-economic losses can be challenging.
Hawthorne personal injury lawyers have the skills to effectively evaluate and quantify these non-monetary damages, ensuring you get the highest possible financial compensation. Additionally, these lawyers can assess your personal injury case and determine if you qualify for punitive damages.
How Can I Defend My Truck Accident Claim?
Handling a personal injury case against local agencies may be overwhelming. Aside from the time constraints of the claim, you must have sufficient evidence to prove that the truck driver’s negligence resulted in the accident in Hawthorne.
For instance, you were hit by a fire truck with no lights or sirens on. You pursued a claim against the local government handling the emergency vehicle. As the case progressed, they insisted on their rights as emergency personnel doing their duty when the accident happened. It was dismissed since you don’t have the necessary evidence to justify your claim.
It is best to contact a personal injury lawyer who knows the legalities of an injury case to defend your rights. A Hawthorne truck accident attorney can help in the following ways to succeed with your claim:
- Gather enough evidence to show that the other driver was at fault in the truck accident.
- Establish who is legally responsible.
- Determine the complete extent of the damages.
- Communicate with the insurance company.
- Make sure all legal deadlines are met.
- Take your case to court if it becomes necessary.
Get a Free Consultation With a Hawthorne Personal Injury Expert
Several legal firms in Hawthorne may offer their services if you want to pursue a truck accident claim. However, we want to assure you that we provide a superior and more efficient legal process to protect your rights, which is why we have earned the reputation of being the best.
At Jacoby & Meyers, we have been dedicated to safeguarding the legal rights of auto accident victims and pursuing substantial settlements since 1976. With over $2 billion in settlements, our track record speaks for itself.
If you’ve been injured in an accident, Jacoby & Meyers can help with a free consultation and no fees unless we win.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
We are confident that we can give our clients a strong defense. However, we are aware that numerous law firms make identical claims. Therefore, we’d prefer to hear directly from our past clients about their fulfilling interactions with our services.
“Had the best experience using their services for the first time. I didn’t know what I was getting myself into. Thankfully, I was in the right hands. They kept me updated on my case from beginning to end. I highly recommend them! Satisfied client!”
-Maria
Works Cited
Bieber, Christy. “What Are Economic Damages? – Forbes Advisor.” Forbes, 6 April 2023, https://www.forbes.com/advisor/legal/personal-injury/economic-damages/. Accessed 7 September 2023.
“Emergency Vehicles | Driving Information.” DriversEd.com, https://driversed.com/driving-information/sharing-the-road-with-others/emergency-vehicles/. Accessed 7 September 2023.
“The Most Surprising Fire Truck Accident Statistics And Trends in 2023 • GITNUX.” Gitnux Blog, 2 August 2023, https://blog.gitnux.com/fire-truck-accident-statistics/. Accessed 7 September 2023.
“Move Over. It’s the Law | Caltrans.” Caltrans, 16 October 2019, https://dot.ca.gov/news-releases/news-release-2019-080. Accessed 7 September 2023.
“Section 21055.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21055. Accessed 7 September 2023.
“Section 21806.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21806. Accessed 7 September 2023.
“Statute of Limitations – getting_started_selfhelp.” California Courts, https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en. Accessed 7 September 2023.
“Struck By Vehicle Fatality Incidents Reports | Emergency Responder Safety Institute.” Responder Safety, https://www.respondersafety.com/news/struck-by-incidents/yearly-fatality-reports/. Accessed 7 September 2023.
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