Buffalo’s emergency responders perform an important function and need to be able to travel quickly. While this does not give them the right to act with complete disregard for other drivers and pedestrians, the law does give them certain rights when responding to an emergency call that may bar a successful personal injury lawsuit.
When responding to an emergency call, the law allows authorized emergency vehicles to disobey specific rules of the road related to stopping a red lights and stop signs, exceeding the speed limit, turning and parking. If they are engaged in one of these actions and on an emergency call, they are not held to the ordinary negligence standard if an accident occurs. Instead, it must be proven by the injured party that they operated with reckless disregard for the safety of others. If they are not engaged in one of these actions or not on an emergency call, the ordinary negligence standard applies.
If an emergency vehicle is responding to a call, however, it is required to have a siren activated and, if so equipped, at least one red light activated before the reckless disregard standard may apply in a personal injury lawsuit. The only exception to this is police vehicles, which are not required to activate their siren or lights.
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