Fire trucks in Texas are relied on by the community to respond to emergencies and offer life-saving assistance. When fire trucks are involved in traffic accidents, however, complex issues of liability can arise that leave victims bewildered. Claims against city or county fire departments can be impeded by unique state laws and coverage issues. Call an experienced Houston big rig accident attorney for assistance with your claim.
Fire Trucks Are Owned By the Government
The government is protected from liability in many situations under the doctrine of sovereign immunity. This rule prevents government agencies, including emergency service organizations like fire departments, from being held liable for accidents and injuries they cause in many cases.
However, the Texas Tort Claims Act provides exceptions to the rule in cases involving negligence. Unlike a standard car accident case, it will likely be necessary to prove gross negligence rather than ordinary negligence to hold a government entity accountable. This is a higher standard of proof that can be more difficult to meet.
Limited Time to File
In Texas, each municipality imposes its own deadline on government liability claims. In some cities, victims have as little as 45 days to file notices of intent to sue government entities. If you miss your deadline, you will most likely lose the right to seek compensation for a fire truck accident. This is why you should act quickly to take legal action.
Issues With Fire Truck Accident Coverage
If the operator of a fire truck or another fire department vehicle is negligent or doesn’t adhere to the proper standards of care, the government entity that owns the vehicle and employs the driver can likely be held liable (financially responsible). Texas is a fault-based insurance state, meaning the party responsible for causing an accident must pay for related damages.
Government-owned vehicles in Texas are covered by self-insurance instead of a typical automobile insurance policy. If a fire truck hit you and caused injuries or property damage, you will need to file a claim with the fire department’s self-insurance. These policies are subject to strict regulations by the state to ensure they provide enough coverage for claims.
In order to access the insurance offered by a government agency, you or your truck accident attorney will have to prove that the fire truck driver or another government employee was negligent and that this caused your crash. There may be multiple defendants or at-fault parties, including the agency, a firefighter and a product manufacturer.
Fire Trucks Have Special Privileges as Emergency Vehicles
Another potential issue connected to a fire truck accident claim in Texas is the special privileges these emergency vehicles have. Fire trucks, ambulances, law enforcement and other emergency vehicles can bypass certain traffic laws when necessary to complete their duties. This includes speeding and running red lights if their visual or audio signals are activated.
Other Texas drivers are responsible for moving over and pulling over to make room for fire trucks under the Move Over Law. If a driver fails to comply with this requirement, he or she could be partially or fully at fault for an accident – even if the fire truck hit the driver’s vehicle. These special considerations can make it more difficult to hold a government agency liable for an accident.
How to Ensure Fair Compensation After a Fire Truck Accident in Texas
The Texas Tort Claims Act caps the amount of financial damages recoverable from a local government agency to $100,000 per person and $300,000 per incident. After a fire truck accident in Texas, you may need to supplement the coverage available from the fire department with your own automobile coverage for fair compensation.
If a fire truck hits you in Texas, contact an attorney for assistance with the claims process. A lawyer can help you recover maximum compensation for your losses through all available sources. An attorney will navigate the confusing legal processes involved in a government tort claim for you while you recover from your crash.