Auto Accidents involing Emergency Vehicles and Liability Issues
The rules of the road applicable to drivers in Knoxville seem to apply differently to police officers—even when they are not operating their blue lights and sirens. To be sure, the rules of the road should not always apply to officers when there is an emergency situation, but what about when the officer is moving through traffic at excessive speeds when there is no apparent emergency?
Perhaps the attorneys for Shatona Evette Robinson are asking that very question. On March 30, 2009, Officer Proctor of the Charlotte-Mecklenburg police in North Carolina was driving to assist another officer on a routine traffic stop. To catch up with the other officer, Officer Proctor exceeded the 45-mph speed limit without turning on either his blue lights or sirens when all of a sudden his patrol car collided with Ms. Robinson’s car. Ms. Robinson was killed and three of her passengers were injured.
Similar to Tennessee law and TDOT general orders, North Carolina law requires that emergency vehicle operators obey posted speed limits unless their vehicle's blue lights and sirens are activated. If the blue lights and sirens are not on, then the officer is in breach of his or her duty to exercise reasonable care while driving. And, for anyone that has been following this Tennessee personal injury blog knows, where there is a breach of a duty, there is liability.
Let’s take a closer look at Tennessee motor vehicle accident law—specifically T.C.A. 55-8-108. Under this law, a driver of an emergency vehicle may proceed past a red stoplight or stop sign without stopping, exceed speed limits, or disregard the movement of traffic if, and only if, 1) he or she exercises due regard for the safety of others, and if 2) he or she is operating his blue lights and sirens.
Furthermore, an officer in pursuit of a suspect is not relieved of his or her duty to exercise regard for the safety of all persons. However, the officer and the municipality or state is not liable for injuries to a fleeing suspect. The officer is also not liable for injuries to innocent third parties (such as a passenger in the suspect’s car), but only if the officer was not negligent in the exercise of her duties.
What this simply means is that operators of emergency vehicles are generally held to the same standards as ordinary drivers. If you have been injured in a Tennessee motor vehicle accident with an emergency vehicle, learn more about your rights by calling 866-853-2888 to speak with Knoxville's skilled auto accident lawyers at Baker Associates.
