Alexander Harris Solicitors
Jump to navigation.

Ambulances, fire engines and police cars drive fast in an emergency. When involved in road traffic accidents, this often leads to death, or serious injury of innocent bystanders.

Claiming for compensation

Not only is it well established in law that speed is not in Photograph of the back of an ambulanceitself evidence of negligence, emergency services vehicles on duty are expressly exempted from prosecution for speeding by virtue of the Road Traffic Regulations Act 1984.

Nevertheless, drivers of emergency services vehicles, even when answering emergency calls owe a duty of care to other road users. Whilst these cases will turn on their individual facts, it seems that the Courts, as a matter of public policy, will consider apportioning blame where appropriate. The Court of Appeal has considered this matter on many occasions in recent years.

Mandy's Case
Mandy had been shopping in London's Oxford Street just before Christmas. It was 5.00pm and the street was busy with shoppers and workers returning home. As she crossed the road, she was struck by a police car, driving on the wrong side of the road, whilst answering an emergency call. The Court of Appeal held that the police driver had been negligent but that Mandy must bear one-third of the blame because she should have been aware of the presence of the police car by reason of its sirens, flashing head lights and blue lights for at least 6 seconds before she stepped out into the road.

Bob's case
Bob was a pedestrian hit by a police car which had accelerated through a junction with its sirens and lights on. Upon hearing all of the relevant facts, the High Court decided that the police driver had been negligent but that Bob had to bear 25% of the blame. The Police appealed. The Court of Appeal held that the police driver had not been negligent and that the driver of an emergency services vehicle was entitled to expect other road users to note the signs of his approach and react accordingly.

Colin's Case
Photograph of patient in an ambulanceColin had stopped his car at a red traffic light and was waiting to turn right. A fire engine, with flashing lights, but no sirens was approaching from the right. As Colin's signal turned green, he collided with the fire engine that had crossed a red light. The driver of the fire engine had assumed that Colin had seen him and would wait. Whilst the Court of Appeal was satisfied that the accident was caused by the driver of the fire engine, Colin was found 20% to blame for failing to glance to his right and notice the fire engine coming.

The effect of shared blame

If a Claimant is found partly to blame for an accident, his damages will be reduced accordingly. Nevertheless, a risk of a finding of contributory negligence does not mean that a claim should be abandoned. Many claims for injuries and their consequential losses can be very substantial and it is always worth us considering a claim on your behalf.

If you believe that you might have a legal claim relating to Road Traffic Accidents Involving Emergency Vehicles , please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Road Traffic Accidents Involving Emergency Vehicles .

If you have any comments in relation to Road Traffic Accidents Involving Emergency Vehicles , please use the online discussion forum.