© 2006 PSEN Unit #5 Legal Terms & Liability Fire and EMS responders are being criminally charged...
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Transcript of © 2006 PSEN Unit #5 Legal Terms & Liability Fire and EMS responders are being criminally charged...
© 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
© 2006 PSEN
• A fire chief was individually named in a lawsuit after an engine killed a pedestrian while responding to an alarm.
TEXAS
© 2006 PSEN
• 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
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
© 2006 PSEN
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.
© 2006 PSEN
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.
© 2006 PSEN
• True Emergency
• Due Regard
• Negligence
• Gross Negligence
• Willful and wanton
• Vicarious liability
Legal Principles and Terms
© 2006 PSEN
Judicial review is based on …
• Was it a TRUE EMERGENCY?
• Was DUE REGARD for the safety of others exercised?
Legal Principles and Terms
© 2006 PSEN
TRUE EMERGENCY
• A situation in which there is a high probability of death or serious injury to an individual or significant property loss.
Legal Principles and Terms
© 2006 PSEN
DUE REGARD
• That a reasonably careful person performing similar duties and under similar circumstances would act in the same manner.
Legal Principles and Terms
© 2006 PSEN
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
Legal Principles and Terms
© 2006 PSEN
GROSS NEGLIGENCE
• Is reckless disregard of the consequences of an act to another person.
Legal Principles and Terms
© 2006 PSEN
VICARIOUS LIABILITY• Is legal liability placed on one person for the
acts committed by another person.
Legal Principles and Terms
© 2006 PSEN
WILLFUL & WANTON
• Means intentional or with careless indifference.
(considered the most serious form of negligence)
Legal Principles and Terms
© 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
Unit #5 Legal Terms & Liability
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