Hit By a Fire Truck

Q: Approaching an intersection with a green light in my favor, I noticed a fire truck entering the intersection.  It was proceeding in response to an alarm at the county jail, at a speed of 10 to 15 miles per hour, against the red light.  As soon as I saw the fire truck, I engaged my brake.  Still, I collided with the rear of the truck.  The police found a skid mark from my motorcycle of over 44 feet.  I am sure I never heard any horns, sirens or warning sounds.

A: Even with an emergency right of way, the driver of a fire truck has a duty to check the color of the light prior to proceeding into and through an intersection.  He is also obliged to look towards your lane.  Your attorney will seek to determine whether the driver so conducted himself and also whether he accelerated or decelerated, or issued any emergency soundings.

Despite the special status given to emergency vehicles by the Vehicle and Traffic Law, the driver of such a vehicle must drive with due regard for the safety of all persons and is not excused from the consequences of his reckless disregard for the safety of others.  No driver is permitted recklessly to flaunt the risks of his conduct, indifferently and in disregard of any modicum of statutorily required attentiveness.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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