What Happens if an Emergency Vehicle Causes an Accident?
Car accident claims against emergency vehicle operators are challenging but possible. A Chicago car accident attorney at Taxman, Pollock, Murray & Bekkerman, LLC will navigate the complexity of filing a claim by applying specific laws about emergency vehicles to seek the compensation you deserve when legal action is possible.
Liability in a Car Accident Involving an Emergency Vehicle
Emergency responders in Illinois generally receive immunity from civil liability when an accident occurs during their response to an active emergency or non-emergency incident under the Illinois Emergency Medical Services (EMS) Systems Act. The driver’s actions during the incident are vital in determining whether you can file a personal injury claim.
Responding to a non-emergency incident that results in a car accident may present even more complex legal challenges. How the court views the response can play a role in the outcome. Consulting an attorney can provide guidance when questions surrounding liability impact your legal options. Emergency vehicle drivers must exercise caution to prevent other emergency situations even while responding to calls.
Willful and Wanton Conduct by an Emergency Vehicle Driver
Not every accident with an emergency vehicle occurs in the line of duty. Like other drivers, emergency vehicle drivers may be negligent in causing your injuries. The willful and wanton exception may apply when an emergency vehicle driver commits the following acts while operating the vehicle:
- Texting
- Using alcohol or drugs
- Driving distracted
- Failing to obey traffic signs and speed limits
Emergency vehicle drivers may drive above the speed limit and ignore traffic signs. However, engaging in these actions and other prohibited actions at will may constitute acts of negligence.
Potential Liable Parties in an Emergency Vehicle Accident
Determining who is responsible for your damages by an emergency vehicle can also present challenging legal scenarios. An emergency vehicle driver is most likely on duty, working for an employer. Liable parties in a car accident involving an emergency vehicle in Chicago may include:
- A government entity
- A private company
- The driver
Civil laws applying to car accident claims in Chicago vary based on who is liable for your injuries. Waiting to discuss an emergency vehicle accident claim may impact your ability to seek damages. Illinois is also a fault state in determining car accidents. Your actions during the incident may also be negligent, which can reduce your damages in a claim if you are found partially liable for the accident.
Statute of Limitations for Car Accident Cases Involving an Emergency Vehicle in Illinois
How long you have to pursue damages will depend on who is liable for your injuries. While filing a personal injury case in most car accidents allows two years from the date of injury, the time limits differ when government agencies are responsible. Car accident survivors in Chicago have one year from the date of injury to file a lawsuit against a local public entity. Other exceptions may apply, making it imperative you seek legal guidance as soon as possible in a Chicago car accident.
Do You Have Damages From a Chicago Emergency Vehicle Accident?
A Chicago car accident attorney at Taxman, Pollock, Murray & Bekkerman, LLC will tackle the legal complexities of a car accident involving an emergency vehicle. The right to pursue legal action for your damages may be possible. Schedule a free case evaluation today.