Legal Ramifications of Ambulance Accident Injuries in Pennsylvania

Ambulance accidents present unique legal challenges. If you’ve been injured, seeking the help of an experienced personal injury lawyer is crucial to ensure your rights are protected and you receive fair compensation.

Ambulances are usually considered the safest means of transportation in an emergency.  Their ability to travel through congested areas and intersections at high speeds makes them the best option when someone requires urgent care.  However, even emergency vehicles such as ambulances are not immune to accidents inside and outside of the vehicle. Whether the fault is with the driver, the paramedics treating you, or a third party that caused the accident, determining liability can be challenging, especially if the ambulance belongs to a government agency.  These complexities create a complex series of events that should only be managed by a Pennsylvania personal injury lawyer such as those on our legal team.  Negotiating with insurance companies, navigating legal issues, and, if necessary, filing a lawsuit should be left up to our seasoned personal injury attorneys to get you the best possible result in terms of a monetary settlement. Contact us today at (215) 337-4915 to talk to a lawyer who can help. Our firm is pleased to provide you with a free consultation regarding your ambulance accident injuries and avenues toward compensation.

Navigating Legal Challenges, Government Immunity, and Shared Liability in Ambulance Accidents

There are special circumstances regarding ambulances and accidents for many reasons. Primarily, ambulances have the right to break certain traffic laws when necessary.  They can drive through stop signs and red lights (with caution) and can exceed speed limits when necessary. Ambulance drivers are expected to have regard for public safety and reckless or negligent behavior can result in legal action. Recent research by the American Ambulance Association has shown that these maneuvers and the use of lights and sirens increase the risk of an accident by nearly 50%.  First responders are urged only to use lights and sirens when essential, as research shows their use increases arrival times by less than three minutes.

When an ambulance operated by a government entity is in an accident, sovereign or governmental immunity can be in effect.  In Pennsylvania, government agencies have certain immunities, but there are exceptions, certainly in cases where negligence is proven.  There are limits on the amount of damages that can be recovered.  Accidents involving government agencies have a much shorter statute of limitations.  The government agency involved must receive a written report detailing the accident, the allegations, and the related injuries.  Due to the Sovereign Immunity Act, claims have a cap of $250,000.

Determining liability in ambulance accidents can involve multiple parties and factors. Depending on the circumstances, the ambulance driver, their partner who is treating the patient, the ambulance company, third parties (other drivers), or the ambulance manufacturer could be held liable for the accident.

Investigating EMTs, Ambulance Companies, and Third-Party Drivers who May be Held Responsible for Emergency Vehicle Accidents

EMTs receive more than 6,000 hours of training, which includes driving under hazardous conditions and special maneuvering techniques to arrive at their destination safely.  Distracted driving, such as looking at a cell phone or GPS unit, driving while eating or drinking, or being drowsy, can cause an accident that otherwise could have been avoided. There are occasions when the accident is the fault of a careless third party, but if the equipment in the ambulance is not stowed correctly or the patient is not secured on the gurney, there can be more injuries.  Ambulance personnel may be found liable when they fail to act with reasonable care. Some examples of negligence include not having the necessary license or training, failing to follow protocols for patient care, failing to load and stabilize a patient, failing to diagnose a serious condition, using faulty equipment, and driving while impaired.

The company or municipality that owns and operates ambulances may be held liable for poor maintenance, faulty equipment, or dangerous conditions, such as bald tires or bay doors that don’t close properly.  They can also be held liable for allowing under-trained or incompetent staff to work for them.

Other drivers who fail to yield to an emergency vehicle, follow the vehicle closely to move through traffic more quickly, or otherwise drive recklessly and cause an accident can also be held partially or fully liable, depending on the circumstances.

Establishing Liability for a Pennsylvania Ambulance Accident

According to Pennsylvania law, four related factors must be demonstrated to prove that a party is liable.  The first is that the acting party had a duty of care that required them to follow a reasonable standard to avoid acting carelessly.  The second concept is a breach of duty or an action committed that demonstrates careless behavior.  Third is causation which connects the claimant’s injuries directly to the accident in question, while damages are the losses suffered by the claimant due to their injuries.

To prove liability, the burden is on the claimant.  Unlike a criminal trial, where the evidence must show guilt beyond a reasonable doubt, liability cases are held to lesser scrutiny, known as a preponderance of the evidence.  That doesn’t mean every case is easy to win, but it does allow for a broader analysis of the situation.  Evidence and an experienced attorney are what are needed to win a case.  Video footage, photos, witness testimony, medical reports, ambulance repair logs, background checks, driving records of ambulance personnel, and expert testimony are the keys to a solid case.

First responders have a heightened standard of care. They are judged by the standards of their profession rather than the standards of someone outside their field.  They are expected to meet a certain level of adeptness which is in turn balanced with the circumstances of an emergency.

Types of Damages You Can Claim for Emergency Vehicle Accident Injuries in PA

In a personal injury situation, damages can include lost wages, medical costs, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may be assessed as a form of punishment for the defendant’s gross negligence or willful misconduct.

Contact Our Dedicated Northeast Philadelphia Ambulance Accident Lawyers for Assistance with Your Case

Ambulance accidents are complex and require a knowledgeable attorney’s expertise to traverse your case’s intricate legal questions.  Complications may arise if several defendants were involved in your claim or if you were partially responsible for the accident. Our personal injury lawyers have specialized knowledge acquired through years of experience and study to conclude your emergency vehicle accident case successfully. We will use all of our skill and resources to negotiate with insurance companies or advocate for your rights in court.  We know how to gather and compile the evidence in your ambulance accident injury case.  We rely on resources such as expert witnesses and analysts who can give testimony in your favor.  Our legal professionals’ prowess inside and outside the courtroom can ensure you are provided with the excellent representation you deserve.

Cohen & Riechelson proudly serves clients throughout Pennsylvania, including in Levittown, Fairless Hills, Newtown, Doylestown, Horsham, Bensalem, and Philadelphia. If you or someone you know has been injured in an ambulance or emergency vehicle accident in PA, call us for a free consultation at (215) 337-4915  or complete this short contact form to get in touch with our attorneys.  We work on contingency, so you don’t pay us if we don’t win your case.