© 2006 psen unit #5 legal terms & liability fire and ems responders are being criminally...

© 2006 PSEN

Unit #5 Legal Terms & Liability

Fire and EMS responders are being criminally charged for

negligence.

Fire and EMS responders are being criminally charged for

negligence.

© 2006 PSEN

Goal & Objective

• To create an undisputable understanding of Massachusetts General Laws that pertain to operators of a vehicle governed by CDL Standards and MGL 89 & 90.

• To create an undisputable understanding of Massachusetts General Laws that pertain to operators of a vehicle governed by CDL Standards and MGL 89 & 90.

© 2006 PSEN

Attitude to Foster

• Each participant must work very hard to recognize and implement driving standards that present themselves in MGL.

• Participants can not drive with an espoused theory that their interpretation of law is what they will drive to.

• Each participant must work very hard to recognize and implement driving standards that present themselves in MGL.

• Participants can not drive with an espoused theory that their interpretation of law is what they will drive to.

© 2006 PSEN

Legal Principles

• Are subject to all traffic laws unless a specific exemption is provided

• Exceptions for emergency vehicle drivers apply only when the emergency vehicle is responding to a true emergency

• Are subject to all traffic laws unless a specific exemption is provided

• Exceptions for emergency vehicle drivers apply only when the emergency vehicle is responding to a true emergency

© 2006 PSEN

Legal Principles

• Emergency vehicle drivers can be found criminally, or civilly liable if involved in an accident, even if they are operating under the provisions of an exemption.

• Emergency vehicle drivers can be found criminally, or civilly liable if involved in an accident, even if they are operating under the provisions of an exemption.

© 2006 PSEN

• An EMT-Paramedic is convicted of involuntary manslaughter and sentenced for 2 to 10 years in prison.

OHIO

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• A fire chief was individually named in a lawsuit after an engine killed a pedestrian while responding to an alarm.

TEXAS

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• EMT-Paramedic was sentenced to a year in jail after being found guilty of vehicular homicide after an intersection collision killing a civilian driver.

GEORGIA

© 2006 PSEN

Terms

&

Definitions

© 2006 PSEN

1. Understand the changing legal climate which exists

2. Identify the primary legal principles which affect drivers and recognize their implications

3. Recognize that specific state driving laws affect the emergency vehicle driver.

4. Recognize that individual state or local laws, standards and requirements impact emergency vehicle driver training and operations.

Objective

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Five Categories of Requirements

• State motor vehicle and traffic laws.

• Nationally recognized standards.

• State and federal occupational and safety regulations.

• Local ordinances.

• Organizational policies, procedures, and guidelines.

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Changing Legal Climate

• Concept of public kindness

• King can do no wrong

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Legal Principles and Terms

• Subject to laws unless specific exemptions exist

• Exemptions apply only to true emergencies.

• Emergency vehicle drivers can be found criminally and/or civilly liable.

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• True Emergency

• Due Regard

• Negligence

• Gross Negligence

• Willful and wanton

• Vicarious liability


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Judicial review is based on …

• Was it a TRUE EMERGENCY?

• Was DUE REGARD for the safety of others exercised?


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TRUE EMERGENCY

• A situation in which there is a high probability of death or serious injury to an individual or significant property loss.


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DUE REGARD

• That a reasonably careful person performing similar duties and under similar circumstances would act in the same manner.


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NEGLIGENCE

• A wrong which results whenever a person fails to exercise that degree of care which a prudent person would exercise under similar circumstances. Slight .. Ordinary .. Gross


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GROSS NEGLIGENCE

• Is reckless disregard of the consequences of an act to another person.


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VICARIOUS LIABILITY• Is legal liability placed on one person for the

acts committed by another person.


© 2006 PSEN

WILLFUL & WANTON

• Means intentional or with careless indifference.

(considered the most serious form of negligence)


© 2006 PSEN

Emergency Vehicle Driving Laws

• CDL Requirements

• Exemptions granted to emergency vehicle drivers

• Requirements for members of the public

• Requirements for emergency responders in POVs.

© 2006 PSEN

Other Requirements and Standards

• National Fire Protection Association• State Laws• Administrative Regulations• Local Ordinances or Statutes• Organizational Rules Regulations and

Standard Operating Guidelines

© 2006 PSEN


Massachusetts Firefighters .. The next series of slides briefly looks at MGL 89 & 90 … Exemption Laws for Emergency Vehicles

Outside of MA this is the end

of this unit

89-6A~ Stopping railway cars

89-7~ Right of way for apparatus

89-7A~ Restrictions on use of ways

89-7B~ Operation of emergency vehicles

90-14~ Passing a school bus

89-6A~ Stopping railway cars

89-7~ Right of way for apparatus

89-7A~ Restrictions on use of ways

89-7B~ Operation of emergency vehicles

90-14~ Passing a school bus

MGL 89 & 90

© 2006 PSEN

Stopping railway cars for apparatus passage

Every motorman of a car upon a street railway shall, upon the approach of any fire apparatus going to a fire or responding to an alarm,

immediately stop said car and keep the same at a standstill until such apparatus has passed.

Violation of any provision of this section shall be punished by a fine of not more than twenty-five dollars

Local 89-6A

© 2006 PSEN

The members and apparatus of a fire department while going to a fire or responding to an alarm, police patrol vehicles and ambulances, and ambulances on a call for the purpose of hospitalizing a sick or injured person shall have the right of way through any street, way, lane or alley.

Right of Way for Apparatus

Local 89-6A

© 2006 PSEN

Restrictions on Use of Ways

Drive as far as possible to the right hand curb

Remain at a standstill

No driving over hose

Within 300 feet

Park & leave vehicle within 800 feet of an emergency scene

Local 89-6A

© 2006 PSEN

Operations of Emergency Vehicles

… may drive such vehicle at a speed in excess of the applicable speed limit

if he exercises caution and due regard under the circumstances for the safety of persons and property,

may drive such vehicle through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection if he first brings such vehicle to a full stop and then proceeds with caution and due regard

Local 89-7B

© 2006 psen unit #5 legal terms & liability fire and ems responders are being criminally...

Documents

emergency vehicle drivers

emergency vehicle operations

motor vehicle

right of way

emergency scenelocal

appropriate driver training

texasthe chief

words school bus