Orange County Fire Truck Accident Lawyer
In busy cities, fire truck accidents can happen when the firefighters are speeding to save the lives of victims trapped in a burning building. On average, about 30,000 firetruck crashes happen every year. It is dangerous for you to get into a fire truck accident because these large vehicles can have a massive impact on your car and are prone to rolling over. When you get into a fire truck accident and were seriously injured, you should seek compensation. You can work with a traffic accident attorney who knows the laws of the road and how to argue who is at fault.
You might be blamed after you get into a fire truck accident because fire trucks have priority over all other drivers on the road during an emergency. However, sometimes firefighters make mistakes on the road, which can cause a collision. If this is the case, you can speak with a lawyer in Orange County, CA, who can represent your case. Call Timothy J. Ryan for a free consultation.
What to Do In Fire Truck Accidents
After you’ve gotten into a horrific fire truck accident, you should obtain legal help. Typically, drivers must move aside for a fire truck to pass. However, if you followed the traffic laws but still got into an accident, you might be eligible for a settlement.
Who Is At Fault in a Fire Truck Accident?
A fire truck may crash into other drivers during heavy traffic while trying to get to their destination. Typically, you are expected to move out of the fire truck’s lane and stop on the side of the road until the fire truck has passed. Even if you followed these rules and the truck still hit you, you can seek a settlement to cover your damages. Your attorney would have to prove that there was a driver error.
How often do fire trucks get into accidents?
Because fire trucks get into crashes at a rate of 30,000 accidents per year, car accidents are now the second leading cause of death for firefighters. This is because they rarely wear seatbelts while rushing to save the lives of fire victims. In 2019, 8% of firefighters died because of crashes, and another 8% because they were struck by a vehicle. Two out of four firefighters have been killed because of crashes that occurred because of emergencies. These accidents can happen anywhere, whether a fire truck is on a highway, a major street, or residential back roads. That’s because fires can happen anywhere, which means a fire truck can show up at any time.
What happens if a fire truck hits you?
When a fire truck hits you, you should seek the help of a car crash attorney who can stand up for you. After you’ve been hit, you should take pictures of the accident if possible. You can take photos of the property damage to your car, where the fire truck was positioned after the accident and neighboring vehicles that may have crashed into you. Next, make sure you get medical treatment. Your medical bills can be included in your settlement, as your doctor can let you know what all your injuries are. If you had to take time off from work, include your projected income loss in your demand for compensation. Also include pain and suffering, such as PTSD, and other emotional damages you have been experiencing.
Your truck accident attorney will utilize this evidence, in addition to other information that helps define who is at fault for your accident. For example, they obtain the police report, get footage from nearby traffic cameras, and reach out to witnesses. With all this information, they will approach the fire department and their insurance company to seek compensation. If no settlement is reached, your attorney can represent your case in court.
Why Do Fire Trucks Get Into Car Accidents?
The main reason firefighters get into crashes is that they are emergency responders. A majority of fire truck accidents happened during an emergency. Fire trucks often roll over, crushing many cars around them. The most fatal fire truck accidents are due to rollovers. The firefighters are frequently speeding. They may also not be fully paying attention to the road.
What Do I Do After a Fire Truck Accident?
Accidents with large trucks are incredibly scary and can leave you with emotional and physical scars for years to come. To help you get your life back, you can have your damages covered by the party responsible for your accident. Call Timothy J. Ryan for a free consultation.
Frequently Asked Questions (FAQs) – Orange County Truck Accident Lawyer – Fire Truck
Can I sue the fire department if a fire truck caused my accident?
Yes, you can sue a public fire department, but you must follow the strict procedures outlined in the California Tort Claims Act. This involves filing a formal Notice of Claim with the correct government entity within six months of the accident. Failing to meet this short deadline will likely bar your case permanently.
Do fire trucks always have the right-of-way?
No. While drivers are required to yield to emergency vehicles with active lights and sirens, the fire truck operator still has a duty to drive with ‘due regard for the safety of all persons.’ If a firefighter operates the truck recklessly or without appropriate caution, even during an emergency, the fire department can be held liable for a resulting crash.
What is the California Tort Claims Act and why is it important?
This is the set of laws that allows individuals to sue government entities in California. It is critically important because it waives the government’s ‘sovereign immunity’ but imposes very strict rules on the claimant, including a mandatory pre-lawsuit claim process and a much shorter deadline (six months) than typical personal injury cases.
What is the deadline for filing a claim against a fire department in California?
You must file a formal Notice of Claim with the correct government entity (e.g., the city or county) within six months of the date of the injury or death. This is a rigid deadline and is the most critical first step in pursuing a case against a fire department.
What kind of evidence is important in a fire truck accident case?
Key evidence includes the fire truck’s dashcam video, traffic camera footage of the intersection, dispatch logs (to verify if it was an emergency call), the truck’s maintenance records, and the driver’s training and safety record. An attorney can secure this evidence through public records requests and the discovery process.
What if the fire truck’s lights and sirens were not on?
If a fire truck is operating without its lights and sirens, it is treated like any other vehicle on the road. It does not have any special right-of-way privileges and must obey all standard traffic laws. In this situation, proving the firefighter’s negligence is much more straightforward.
Does it matter if the fire truck was not responding to an emergency?
Yes, it matters significantly. The special legal protections for emergency vehicles only apply when the truck is actively responding to an emergency call. If the truck was returning from a call, out for training, or on a non-emergency task, the firefighter must follow all traffic laws, and the case is treated as a standard negligence claim.
