Liability in Accidents with Emergency Vehicles In Texas

We count on emergency vehicles like ambulances, police cars, and fire trucks to get to us quickly when we need help. They receive special driving privileges when responding to a call. In certain situations, they can speed, disregard traffic signals, and drive on the shoulder or wrong side of the road. But when emergency vehicles disregard the law and needlessly injure pedestrians or other drivers, they should be held accountable for the harm they caused.

When a car accident involving an emergency vehicle causes serious injuries, McKinney Vos can help. Our Texas personal injury lawyers have years of experience helping injured people, and we know what it takes to get results. To put our experience to work for you, contact McKinney Vos to schedule a free, confidential appointment to discuss your situation and how we can help.

Sovereign Immunity in an Accident with an Emergency Vehicle in Texas

Car accidents with an emergency vehicle are unlike other car crashes. Obtaining the compensation you deserve may entail overcoming more than a few obstacles. Key considerations in establishing liability for an accident involving an emergency vehicle are determining who owned the emergency vehicle and whether they followed applicable laws.

Most government agencies operate under “sovereign immunity,” which protects them from liability for a car crash in certain situations. The Texas Tort Claims Act insulates public officials from liability when they act in good faith and perform the job within the scope of their official duties.

However, the doctrine of sovereign immunity only applies in specific, limited circumstances. For example, sovereign immunity does not apply in cases of:

• Reckless driving
• Driving while drowsy
• Driving under the influence
• Failing to follow the rules of the road
• Unrestrained equipment hitting another vehicle

Similarly, sovereign immunity only applies to government actors. If the accident involved a private ambulance company, sovereign immunity may not apply.

Who is Liable in a Car Accident with an Emergency Vehicle?

Even though emergency vehicles receive certain driving privileges when responding to a call, the protections afforded by sovereign immunity are not absolute. Drivers of emergency vehicles must still be careful, exercise due care, and follow traffic laws to prevent accidents. For example, in an emergency situation, the driver of an emergency vehicle may be authorized to:

• Park or stand where needed.
• Disregard a stop sign or red light, but only after slowing down as necessary for safe operation.
• Exceed the posted speed limit as long as doing so does not endanger life or property.
• Disregard the laws that govern the direction of movement or turning in specified directions.

However, the driver of an emergency vehicle can still be held liable for negligent or reckless behavior. Determining whether the driver of an emergency vehicle was following all applicable laws or was acting negligently or recklessly can be complicated and is highly fact-specific. For example, sovereign immunity would likely apply if the emergency vehicle was responding to a call when they were involved in an accident, but not if a police officer was returning to the station to complete paperwork.

Overcoming Sovereign Immunity in Accidents with Emergency Vehicles

If you were hurt in an accident with an emergency vehicle in Texas, do not assume your claim is barred by sovereign immunity. Every case is unique. Our personal injury lawyers can review your circumstances to assess whether you have a claim for damages. We can:

• Investigate the circumstances of the crash to determine how it occurred and who is responsible.
• Identify the applicable statute of limitations.
• Determine all parties who could be liable.
• Document the full extent of your losses.
• Analyze potential defenses and how to overcome them.
• Present your claim as effectively as possible.
• Work to negotiate a favorable resolution.

If you believe the person who hit you was driving negligently or recklessly, our team can investigate the circumstances of the crash to try to overcome the sovereign immunity defense. Photographs, video surveillance, witness statements, and officer badge numbers can all help hold the driver of the emergency vehicle accountable for the harm they caused.

Even if the accident involved a government entity, you may still be entitled to compensation. However, shorter time limits may apply, or you may need to follow a different procedure to obtain the compensation you deserve.

How McKinney Vos Can Help

If you were hurt in a car accident with an emergency vehicle and the other driver was disobeying the law or was driving negligently or recklessly, they should be held responsible for the harm they caused. Unfortunately, proving the driver of an emergency vehicle was at fault can be a daunting and complicated process.

The personal injury lawyers at McKinney Vos have extensive experience litigating complex personal injury claims throughout Texas. We can analyze your situation, explain your options, and fight for the compensation you deserve. Contact McKinney Vos today to schedule a confidential appointment to discuss your situation.