California Comparative Negligence: What Happens If You’re Hit by a Paramedic?

When we see the flashing lights and hear the blaring sirens of an ambulance, our instinct is to pull over and clear the way. Paramedics are our heroes, rushing to save lives in moments of crisis. Because of the vital importance of their work, we rightly give them priority on the road. But what happens when the emergency vehicle itself causes an accident? Being hit by a paramedic or an ambulance creates a confusing and distressing situation. You might assume that because they were responding to an emergency, you have no legal rights. This is a common and costly misconception.

While emergency responders have special privileges, they are not immune from the rules of the road or from being held accountable for negligence. In California, these complex cases are often governed by a legal principle called “comparative negligence.” At Walch Law, we understand the nuances of accidents involving emergency vehicles and are dedicated to protecting the rights of the injured. CALL NOW

What is Comparative Negligence in California?

Comparative negligence is a legal rule used to assign fault and divide damages when more than one person is responsible for an accident. California operates under a “pure comparative negligence” system. This means you can recover financial compensation for your injuries even if you were partially at fault for the accident.

Here’s how it works:

• A court or jury determines the total dollar amount of your damages (medical bills, lost wages, pain and suffering).
• They then assign a percentage of fault to each party involved in the accident.
• Your final compensation award is reduced by your percentage of fault.

For example, if your total damages are $100,000 but you are found to be 20% at fault for the accident, your award will be reduced by 20%, and you would receive $80,000. Under California’s “pure” system, you can recover damages even if you were 99% at fault (though you would only receive 1% of your damages). This rule is crucial in accidents involving emergency vehicles, where fault is often disputed.

When Can a Paramedic Be Found at Fault?

While California law grants ambulance drivers significant leeway when responding to an emergency, these privileges are not a license to drive recklessly. Paramedics and their employers can be held liable if their actions are negligent and cause an accident. A paramedic must be using their lights and siren to be exempt from certain traffic laws, and even then, they must drive with “due regard for the safety of all persons.”

A paramedic may be found at fault if they:

• Run a red light or stop sign without slowing down: Even with lights and sirens, an ambulance driver must ensure an intersection is clear before proceeding against the signal.
• Drive at an excessive speed for the conditions: A paramedic driving too fast on a wet road, in heavy traffic, or through a construction zone could be considered negligent.
• Fail to use lights and sirens: If a paramedic is speeding or violating traffic laws without activating their emergency signals, they are generally held to the same standard as any other driver.
• Make an unsafe lane change: Abruptly cutting off another vehicle without warning can lead to a finding of fault.
• Drive while distracted or fatigued: Like any other driver, a paramedic who is texting, not paying attention, or is overly tired can be held liable for causing a crash.

When Might You Share Partial Fault for the Accident?

In many of these cases, the defense will argue that the injured person contributed to the accident. Under comparative negligence, if this argument is successful, it can reduce the amount of compensation you receive. You might be assigned a percentage of fault if you:

• Failed to Yield the Right-of-Way: The most common argument is that you did not see or hear the ambulance and failed to pull over in a timely manner.
• Were Distracted: If you were listening to loud music, texting, or were otherwise distracted, the defense may claim you should have been aware of the approaching emergency vehicle.
• Made a Sudden, Unpredictable Move: If you panic when hearing a siren and slam on your brakes in the middle of a lane or swerve erratically, you could be found partially at fault.
• Were Violating a Traffic Law: If you were speeding, jaywalking, or ran a stop sign yourself, this could lead to a shared-fault finding.

Determining these percentages is a highly contentious part of any lawsuit, and it is where the skill of your attorney is most critical.

How is Fault Determined and How Does it Impact Your Compensation?

There is no simple formula for assigning fault. Insurance adjusters and, if necessary, a jury will analyze all the evidence to piece together what happened. This includes:

• The official police report
• Witness statements
• Vehicle “black box” data from both your car and the ambulance
• Dashcam or traffic camera footage
• The paramedic’s driving record and training logs
• Expert testimony from accident reconstructionists

The final percentage of fault assigned to you will directly reduce your compensation. If the defense successfully argues you were 50% at fault, you will only receive half of the value of your claim. This is why having an attorney who can effectively counter these arguments and minimize your assigned fault is essential to securing a fair outcome.

Steps to Take After Being Hit by an Emergency Vehicle

The aftermath of an accident with an ambulance is chaotic. Taking these steps can help protect your health and your legal rights.

1. Seek Immediate Medical Care: Your health is the first priority. Get a full medical evaluation, even if your injuries seem minor.
2. Report the Accident: Ensure a police report is filed. This creates an official record of the incident.
3. Document the Scene: If you are able, take photos and videos of the accident scene, vehicle damage, and any visible injuries.
4. Gather Witness Information: Get the names and contact details of anyone who saw the accident.
5. Preserve Evidence: Do not repair your vehicle until your attorney has had a chance to have it inspected.
6. Contact an Attorney Immediately: Do not speak with any insurance adjusters or government representatives. These cases are complex from the start, and you need a lawyer to protect your interests.

How Walch Law Navigates These Complex Claims

Accidents involving government-owned vehicles like ambulances involve special rules and shorter deadlines than typical car accident cases. You need a law firm with specific experience in this area. At Walch Law, we know how to fight for victims injured by emergency vehicles.

• Free and Immediate Consultation: We will review your case for free, explain the complexities of comparative negligence, and outline your best path forward.
• Rapid and Thorough Investigation: We act quickly to preserve crucial evidence like dashcam footage and vehicle data recorders before they are lost. We meticulously investigate every detail to build the strongest possible case for the paramedic’s negligence.
• Minimizing Your Fault: Our primary goal is to gather the evidence that proves the other party was entirely or mostly at fault. We are skilled at dismantling the defense’s arguments to maximize your final compensation.
• Expert Collaboration: We work with top accident reconstruction experts who can analyze the crash and provide powerful testimony on your behalf.
• No Fee Unless We Win: We handle all personal injury cases on a contingency fee basis. You pay absolutely nothing unless we secure a financial settlement or verdict for you.

Contact Us Today for a Free Case Review

Being injured by a paramedic does not mean you are without rights. Don’t let the complexity of the situation prevent you from seeking the justice and compensation you deserve.

Contact the experienced personal injury attorneys at Walch Law today for a free, no-obligation consultation. Let us help you navigate California’s comparative negligence laws and fight to hold the responsible parties accountable for your injuries.