You hear sirens, glance in your mirror, and do your best to move out of the way. Then, in a split second, there is a crash. An accident with an emergency vehicle can turn an ordinary drive into a confusing situation fast. Many people assume the driver of the police car, ambulance, or fire truck is never at fault simply because they were responding to an emergency. That is not always the case. Knowing your rights and the steps to take afterward can put you in a much stronger position as your case moves forward.

Key Takeaways

• An accident with an emergency vehicle does not automatically mean you are at fault.
• Document the accident scene and keep copies of all reports and medical records.
• Government claims follow different rules than other car accident cases.
• You must prove the negligence of the emergency vehicle driver caused your injuries to recover compensation.
• Compensation may include medical expenses, lost income, property damage, and pain and suffering.

What Counts as an Emergency Vehicle?

Each state defines what qualifies as an emergency vehicle. In Washington state, an authorized emergency vehicle includes the obvious: fire department, police department, sheriff's office, Washington State Patrol, and ambulance service. However, the definition is broader than what many people realize. It also includes the coroner's and the prosecuting attorney's vehicles. The statute specifically states that the vehicle could be public or private, so it need not be registered or authorized by the state patrol.

What Should You Do Immediately After an Accident with an Emergency Vehicle?

Safety is the priority after any accident. If possible, move to a safe location out of the flow of traffic. Confirm if anyone has injuries that need immediate medical attention. Call 911 to alert emergency personnel to respond. Tell the responding police officer the facts of what happened. Gather evidence of the accident scene by taking pictures and videos of the vehicle damage, physical injuries, and road conditions. Exchange information with the other driver and collect witness contact information. Keep a copy of the police report that the responding officer prepares.

Who Is Liable in an Emergency Vehicle Accident?

Do not assume that you are automatically at fault because the other vehicle is an official emergency vehicle. While these vehicles have special privileges, they are not immune from liability. Drivers are required to give emergency vehicles the right of way. In Washington, these vehicles have permission to go through red lights and stop signs, drive above the speed limit, and travel in the opposite direction of traffic.

When Is an Emergency Vehicle Liable?

For an emergency vehicle to be liable, the driver must have acted negligently. Their actions are beyond what would be considered reasonable, even in an emergency situation. Examples would include:

• Excessive speed for the circumstances
• Entering an intersection without caution
• Failing to use emergency signals
• Unsafe vehicle operation despite an emergency

Can You File a Claim Against a Government Agency?

If an emergency vehicle operated by a state or local government employee caused your injuries, Washington law allows you to pursue a claim against the responsible government entity. Like any other personal injury case, you will need evidence showing that the employee or agency acted negligently and that the negligence caused your injuries.

​Before a claim can move forward it is important to identify the correct government agency. While that may seem obvious, emergency vehicles are not always owned and operated by the same entity. A vehicle could belong to a city, county, fire district, or another public agency. In some situations, a private contractor may also share responsibility. You need to identify the right agency owner because this is the entity that would be named in the lawsuit. Direct your claim to the wrong agency, and the claim may be dismissed.

Washington Government Claims Have Special Notice Rules

While you can file a lawsuit against a government agency, there are extra steps involved. Washington’s statutes require an injured party to file a pre-lawsuit claim for damages before filing a lawsuit. Then, the injured party must wait 60 days before filing their lawsuit. There are specific forms that must be used. Detailed information must also be provided:

• Information about the claimant
• Incident
• Injuries
• People involved
• Time and place of the injury
• Amount of damages claimed.

Sending the wrong forms, sending the right forms to the wrong department, or leaving out required information can create issues.

Working with an experienced attorney can provide valuable guidance through this process. A lawyer will know which forms to use, the information to include, and the appropriate government agency to contact. Once the initial claim filing is presented, a lawyer will work with you to gather evidence and prepare evidence for a lawsuit.

Contact a Washington Personal Injury Attorney

An accident with an emergency vehicle can raise questions that do not come up in most car accidents. The facts surrounding the accident, the actions of everyone involved, and relevant Washington law all play a role in determining liability. At Robinson & Kole, helping injured people is more than just handling paperwork and negotiating with insurance companies. Our car accident attorneys fight for clients who are facing serious injuries, mounting expenses, and an uncertain future after an accident. Schedule a consultation to learn how they can help with your case.