Car accidents can be stressful and overwhelming in any situation, but the stakes are even higher when an accident involves an emergency vehicle such as an ambulance. In Alberta, ambulances are legally granted special privileges when responding to emergencies, including the ability to proceed through red lights, exceed speed limits, and navigate traffic in ways that ordinary drivers cannot. However, these privileges do not absolve ambulance drivers or other motorists from their duty to operate vehicles safely. If you are involved in a car accident with an ambulance, it is essential to understand your rights, responsibilities, and the legal implications of the situation.
The potential for serious injury in these types of collisions was highlighted by a recent crash between an ambulance and an SUV outside of Edmonton that sent five people to hospital.
Understanding Ambulance Right-of-Way Laws in Alberta
In Alberta, emergency vehicles, including ambulances, are given the right of way when responding to emergencies. The Use of Highway and Rules of the Road Regulation under the Traffic Safety Act requires drivers to yield to an ambulance that has its siren activated. Motorists must pull over to the nearest curb or shoulder (or leave the largest direct passage possible) and stop until the emergency vehicle has passed. Failing to do so can result in significant fines and penalties.
Alberta government policy also requires ambulances to report to the Registrar designated under the Emergency Health Services Act any collision involving the ambulance alone or another vehicle, person, or object when one of three criteria are met:
- The collision results in injury or death to any person;
- The collision occurs while the ambulance’s emergency warning lights or siren are activated; or
- The collision results in property damage greater than $5,000.
While ambulance drivers are permitted to disregard certain traffic laws in emergencies, they must still exercise caution and due care. They are not immune to liability if their actions lead to an accident caused by reckless or negligent driving. The balance between urgency and safety is crucial, and in cases where an ambulance driver is found to have acted negligently, they may be held liable for damages.
Determining Fault in an Ambulance-Involved Accident
When an accident involves an ambulance, determining fault can be a complex process. Unlike standard motor vehicle collisions, emergency vehicles have unique considerations that must be considered. Fault is typically assessed based on the specific circumstances of the accident, including whether:
- The ambulance had its emergency lights and sirens activated;
- The other driver was following traffic laws, including yielding properly.
- The ambulance driver exercised reasonable care while maneuvering through traffic; and
- Road conditions, visibility, and other external factors played a role in the collision.
In many cases, fault may be shared between both parties. For example, if a driver fails to yield to an ambulance with a siren on, they may be partially responsible for the accident. Conversely, if an ambulance driver recklessly speeds through an intersection without ensuring it is safe to proceed, they may bear some or all of the responsibility for the crash. Alberta follows a contributory negligence system, meaning that each party’s degree of fault will impact their ability to recover damages.
What to Do If You Are Involved in an Accident with an Ambulance
If you are involved in a collision with an ambulance, the steps you take immediately following the accident can significantly impact your legal and financial outcome. Ensuring you handle the situation correctly will help protect your rights and provide the necessary evidence to pursue a claim.
Prioritize Safety and Seek Medical Attention
The first priority in any accident is safety. Check yourself and any passengers for injuries. If possible, move your vehicle out of the way of traffic to prevent further collisions. Even if injuries are not severe, seek medical attention as some conditions may not be immediately apparent.
Call the Police and Report the Accident
In Alberta, when the vehicles involved in an accident have $5,000 or more in combined damage, the accident must be reported to the police. Given that an ambulance is a government-operated vehicle, law enforcement will need to be involved to document the incident. Provide a factual account of what happened, but do not admit fault before consulting with a lawyer.
Gather Evidence at the Scene
If it is safe to do so, collect as much evidence as possible at the scene. Take photographs of the vehicles, road conditions, traffic signals, and any visible injuries. Obtain contact information from any witnesses who may have observed the accident. This evidence can be critical in determining liability and supporting your insurance claim.
Notify Your Insurance Company
Report the accident to your insurance provider as soon as possible. Provide them with all relevant details and cooperate with their investigation. If you believe the ambulance driver was at fault, your insurer may work with legal experts to assess your options for recovering damages.
Legal Considerations and Compensation
Being involved in an accident with an ambulance presents unique legal challenges. Since ambulances are often operated by municipal or provincial health services, filing a claim against a government entity can be more complicated than a typical insurance claim. In Alberta, personal injury claims involving government-operated vehicles may have stricter deadlines and procedural requirements.
If you have suffered injuries due to the accident, you may be entitled to compensation for medical expenses, lost wages, rehabilitation costs, and pain and suffering. The key factors influencing your ability to claim compensation include:
- The extent of your injuries: More severe injuries typically lead to higher compensation amounts.
- The level of fault assigned to each party: If you are found partially at fault, your compensation may be reduced proportionally.
- The ability to prove negligence: Demonstrating that the ambulance driver acted negligently can strengthen your case.
Seeking legal counsel from an experienced Alberta personal injury lawyer can help you navigate the claims process effectively and maximize your potential compensation.
Challenges in Suing an Ambulance Operator
If an ambulance driver is found negligent, you may have grounds for legal action. However, suing an ambulance operator is not always straightforward. Many ambulances are operated by public health organizations or municipalities, meaning claims may need to be filed against government entities. These claims often involve:
- Stricter filing deadlines: The time limit for initiating a lawsuit against a government entity may be shorter than that against a private individual.
- Immunity considerations: Some legal protections may apply to emergency responders, making it more challenging to hold them liable.
- The burden of proof: You must demonstrate that the ambulance driver acted negligently and that their actions directly caused the accident and your injuries.
An experienced personal injury lawyer can help you understand your legal options, gather necessary evidence, and ensure your claim is filed within the appropriate time frame.
Contact Cuming & Gillespie LLP for Advice on Ambulance Collisions in Alberta
Accidents involving ambulances present unique legal and logistical challenges. While emergency vehicles are granted special privileges under Alberta law, they must still operate with due care. At Cuming & Gillespie LLP, our knowledgeable personal injury lawyers will carefully analyze your case, including whether the ambulance driver exercised reasonable caution in the circumstances. We are knowledgeable about these unique situations and will help you navigate the complex claims process and pursue the compensation you deserve. Cuming & Gillespie LLP is located in downtown Calgary and proudly serves injured clients across the province. Our commitment to exceptional client service has made us consistently voted one of the top 10 personal injury law firms in Alberta and across Canada. To schedule a confidential consultation, please contact us online or call (403) 571-0555.