I handled a case recently where a young lady who was seriously injured while driving her motor vehicle in Chester County, PA. She was struck by an emergency vehicle which ran a stop sign. The vehicle was speeding and did not have its lights or siren on. The court decided that the defendant was “negligent per se.” This means that the driver of the emergency vehicle was automatically responsible for causing the crash and no further evidence was needed to prove that he was negligent. Therefore, the only issue that the court had to decide was the amount of money to be awarded for injuries. The court held that the EMS driver had no special privilege since he did not have his lights or siren activated.
Would this answer be different if the EMS driver had its lights and siren on?
Not necessarily (lawyer speak). It depends on the facts of the case. Did the EMS driver see the other vehicle in time to avoid the collision? Was he speeding? Did he attempt to slow down at the intersection? Just a few questions one must consider.