Memphis Car Accident Attorney Discusses Liability When You’re Injured in a Collision with an Emergency Vehicle

Like any other drivers on Tennessee roadways, the drivers of emergency vehicles such as police cars, ambulances, and fire trucks must exercise a duty of care in the operation of their vehicle.  Similarly to other motor vehicles, Memphis car accidents involving emergency vehicles can happen because of speeding, reckless driving, distracted driving, poor weather conditions, running stop lights or signs, and poor training.

Due to the fact that most emergency vehicles are traveling at a higher rate of speed, and most emergency vehicles are heavier—such as ambulances and fire trucks—this means they have a higher momentum.  Meaning, they are harder to stop and have the potential to cause significantly more damage to anything they strike.

But what happens if an emergency vehicle causes a Memphis car accident: Doesn’t the emergency vehicle have the right of way?  Is it even possible to sue the police and win?

The answer to both of those questions is “Yes.”  It is common knowledge that emergency vehicles have the right of way in Tennessee and, in fact, every state.  This is provided for under Tennessee Code 55-8-132, which mandates a driver of every other vehicle to yield to the right-of-way of an incoming emergency vehicle “making use of audible and visual signals.”

It is also common knowledge that emergency vehicles may violate other traffic laws that we normally cannot.  This is governed by Tennessee Code 55-8-108.  This section provides that the driver of an authorized emergency vehicle may exercise certain privileges while engaged in their official duty, such as the following:

• “Park or stand” even where it is prohibited by other laws to do so;
• “Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation”;
• “Exceed the speed limits as long as life or property is not thereby endangered”; and
• “Disregard regulations governing direction of movement or turning in specified directions.”

However, to perform these special exemptions, certain conditions must be met.  For instance, sub(c) of Tennessee Code 55-8-108 requires that “[t]he exemptions granted [above] to a driver of an authorized emergency vehicle shall only apply when the vehicle is making use of audible and visual signals . . . .”

Thus, when there is a collision between an emergency vehicle and any other motor vehicle on the road, it is imperative to inquire into the facts and circumstances of this incident.  For instance, if the emergency vehicle had its lights and siren on, and other drivers (witnesses) acknowledged that fact, the other vehicle is likely liable for the damage done.  However, if the emergency vehicle did not have its lights and siren on, and other drivers (witnesses) did not see them, the emergency vehicle will likely be liable for the damage done.  This includes even if the emergency vehicle turns the lights and sirens on after the accident.  This is why you will need an resourceful Memphis car accident attorney to find witnesses, question the authorities with confidence, and uncover all of the facts.

Moreover, an emergency vehicle must still be engaged in their official duties.  Hence, even if the emergency vehicle displays its lights and siren, if that emergency vehicle is abusing the privilege—such as using it to make a left turn in a busy intersection—any accident that ensues will still place liability primarily on the emergency vehicle.  Tennessee Code 55-8-108 requires that the emergency vehicle be operating within the scope of its official duties.  In fact, we have had a case where the ambulance driver was still engaged in official duties, namely transporting a patient from one hospital to another, but was doing so at an unnecessary speed that was unreasonable; we settled for $250,000.

Here at Bailey and Greer, PLLC our Memphis car accident attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.  Remember, you only have one year from the date of the accident to commence your action to recover compensation.