Emergency vehicles are a critical part of the infrastructure of New Mexico, but they can also cause injury when first responders aren’t careful. If you get hurt in a car accident involving an emergency vehicle, you may be eligible for financial compensation from the government or another party. An experienced car accident lawyer in Albuquerque can help you with this complicated type of claim.
Emergency vehicles do not have unlimited immunity, and drivers can still be held liable for negligent crashes in New Mexico.
What Causes Emergency Vehicle Accidents in New Mexico?
By nature, emergency vehicles need to move through traffic quickly and efficiently to get to the scene of an emergency as rapidly as possible. To do so, they often need to speed and break traditional traffic laws, such as running red lights and stop signs.
The officials and first responders who drive ambulances, fire trucks, police cars and other such vehicles are required to exercise a certain amount of care when deviating from traffic laws. They must always drive with prudence and caution. A breach of this duty of care can lead to preventable auto accidents.
Common causes of emergency vehicle accidents are a lack of proper siren and flashing light use, excessive or unnecessary speeding, entering intersections before ensuring that oncoming traffic has yielded, driver stress and fatigue, inadequate training, and safety policy violations. Equipment issues, such as vehicle brake failure, can also contribute to these disasters.
Special Laws Apply to Driving Emergency Vehicles in New Mexico
Emergency responders in New Mexico have special privileges. They can move through traffic in ways that standard drivers legally cannot. However, they can only do so within certain parameters. Failing to follow the laws that apply to emergency vehicles can lead to dangerous circumstances and an increased likelihood of traffic accidents.
Requirement to Yield to Emergency Vehicles
According to New Mexico Statutes § 66-7-332, when an authorized emergency vehicle approaches with at least one of its lights on and an audible siren, all other drivers must yield the right-of-way. Other drivers must immediately drive to a position as close as possible to the right-hand side of the road, clear of any intersection, stop and remain there until the emergency vehicle has passed.
The mandate for other drivers to pull over and yield to emergency vehicles does not relieve first responders of the duty to operate with “due regard for the safety of all persons using the highway” (Section B of § 66-7-332). Drivers of emergency vehicles must still comply with applicable laws and protocols to ensure the reasonable safety of the public.
Proper Siren and Light Use
An important rule that first responders must follow is to properly use lights and/or sirens when moving through traffic en route to an emergency. NM Stat. 66-7-6(C) states, in part:
C. The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle as reasonably necessary and when the vehicle is equipped with at least one lighted lamp…
If an emergency vehicle operator fails to properly use the siren and/or lights when violating certain traffic laws, another driver may be within his or her right not to yield. The driver may not notice the emergency vehicle at all. These oversights can make a first responder liable or legally responsible for a subsequent collision.
Reasonable Speeds
Finally, drivers of emergency vehicles are only permitted to exceed speed limits if they can do so in a way that does not endanger life or property. If a first responder is speeding recklessly or excessively, it is a violation of his or her duty of care. This type of speeding can be viewed as a traffic violation during a related car accident claim, even if the on-duty driver was traveling to an emergency or pursuing a suspect at the time.
Who Is Liable for Car Accidents Involving Emergency Vehicles in New Mexico?
It is dangerous for emergency vehicle drivers not to use their lights and sirens, to recklessly or carelessly exceed the speed limit, and to speed through intersections without ensuring traffic has yielded. If the operator of an emergency vehicle in New Mexico makes any of these errors, the blame for a collision can be placed on the first responder.
Most emergency and law enforcement vehicles are under the jurisdiction of the New Mexico government. If you need to bring a claim against a first responder, your lawsuit will most likely be against a government entity. These cases have unique rules and deadlines under the New Mexico Tort Claims Act.
To file a car accident claim against a government entity in New Mexico, you must take action within just 90 days (or six months in the event of wrongful death). You have to file a notice to the government agency you wish to sue within this time period. Then, you will be given two years to file your lawsuit.
Steps to Take After a Car Accident Involving an Emergency Vehicle
If you get injured in an accident involving an emergency vehicle such as a firetruck or ambulance in New Mexico, try to take the following steps:
- Check yourself for injuries and get prompt medical care.
- Call 911 to report the accident. If the other vehicle is a police car, contact a neutral jurisdiction.
- Don’t admit fault.
- Exchange contact information with the first responder.
- Write down a description of events in your own words.
- Stay at the scene to take pictures and gather witness information.
- Write down your police report number.
- Preserve evidence, such as records and surveillance footage.
- Contact your car insurance company to report the crash.
- File a claim against the at-fault party with help from an attorney.
An emergency vehicle accident case can involve complicated laws and filing rules. Working with an experienced attorney can increase your odds of collecting fair and full financial compensation for your losses.
How a Car Accident Attorney in New Mexico Can Help
A car accident attorney has the knowledge, experience and capabilities to go up against a government agency or another powerful defendant and demand justice for an emergency vehicle accident in New Mexico on your behalf. Your lawyer can investigate the crash, collect evidence, determine fault, handle complex insurance negotiations, manage notice requirements and tight deadlines, and pursue all available sources of compensation.For more information about your recent crash, contact us today to request a free car accident case evaluation with an attorney at The Fine Law Firm.