Emergency vehicles are critical and lifesaving in Texas. However, that does not mean they are never involved in automobile accidents. When a car accident in Texas involves an ambulance, fire truck or another emergency services vehicle, the claims process can be more complex. You may need to be represented by a car accident attorney in San Antonio to get the justice you deserve.
Top Causes of Emergency Vehicle Accidents
Drivers of emergency vehicles are under pressure. They must be trained on how to properly navigate their vehicles through traffic in an emergency without putting others at risk. If a police officer, paramedic, firefighter or another emergency worker makes a mistake behind the wheel, it can cause a serious accident.
Common driver errors include:
- Excessive speeding
- High-risk driving
- Breaking traffic laws without cause
- Reckless or aggressive driving
- Driving while fatigued
- Distracted driving
- Driving under the influenceÂ
- Failing to use lights or sirens
- Vehicle mechanical failures
Civilians can also cause emergency vehicle collisions by failing to react properly to the presence of the vehicle. This can include a driver freezing and stopping in the middle of the road instead of pulling to the right or failing to yield entirely. When these mistakes result in accidents, the at-fault party can be held accountable.
Who Pays for an Emergency Vehicle Accident in Texas?
Holding someone liable or financially responsible for an emergency vehicle accident in Texas requires proof of fault. This is typically synonymous with proof of negligence, or that the accused party failed to act with proper care. Someone is negligent if he or she owed the victim a duty of care, breached this duty and caused harm.
Emergency vehicles are permitted to break traffic laws, within reason. Emergency workers must follow certain rules, such as properly using their lights and sirens to warn the public of an emergency. If the driver’s emergency response is not correct or safe, this could give a crash victim grounds to sue the government for dangerous or unnecessary driver behavior.
Emergency vehicles and their drivers are typically under the control of the state or city government. These are public services managed by a municipality. If the emergency vehicle caused the crash, a government agency could be held liable. However, these cases are limited by the rule of sovereign immunity.
Navigating a Claim Involving an Emergency Vehicle in Texas
Claims against the government in Texas come with unique laws and requirements under the Texas Tort Claims Act. For example, they have their own statutes of limitations. While a typical car accident claim must be filed within two years under state law, a claim against the government is subject to local time limits, which can be as short as 45 days.
In addition, the rule of sovereign immunity states that government agencies and their employees cannot be held liable for damage that results from the performance of their official duties. However, there is an exception if the individual behaved negligently or recklessly. It will be up to you or your San Antonio injury lawyer to prove that this is the case.
How Can a Car Accident Lawyer in Texas Help?
Working with a car accident attorney during your emergency vehicle accident case in Texas can make it easier for you to establish the necessary legal elements, provide evidence of fault and liability, and seek the financial compensation that you need to move forward.
Your attorney can handle communications with the government agency and their insurance provider on your behalf to fight for fair results. Meanwhile, you can concentrate on healing from your related injuries. For a free review of your emergency vehicle accident case in Texas, contact Hill Law Firm Accident & Injury Lawyers.