Question for law enforcement people

[Boondox]

Mike -- I hate following emergency vehicles for just that reason. A couple of times I've had them pull onto the right shoulder and make a tires burning U-turn right in front of me...and the blue lights come on only after they're headed the other way. I see this oblivious style of driving more often with the youngsters, and think it must be an adrenaline rush or something. The old timers generally feel somewhat mortal behind the wheel. There are old troopers, and there are bold troopers, but there are few old bold troopers! /forums/images/graemlins/crazy.gif

Pete

PS: No offense intended to any of our law enforcement officials; like any occupation, it seems there is a learning curve.

 

[TimSullivan]

I also live in New York State and can only share this with you.

While I am neither a lawyer nor officer, I do know that if an emergency vehicle has its lights and siren on that does not allow them to act carelessly. By your description the officer turned in front of you as he crossed your lane. It was his responsibility to make sure that before he made such a dangerous maneuver that he placed no one in harms way.

The following happened to me. A city detective in an unmarked car was responding to a call with a light and siren when it struck my car. I will not go into all the details but I too was charged with not yielding the right of way to an emergency vehicle. A city court judge found me guilty but was reversed on appeal and the city dropped the charges. The reason for the reversal was that in the appeal judge’s opinion the detective was acting recklessly in that he was traveling at a high rate of speed on the wrong side of the road. The detective did not use good judgment and lost control of his vehicle.

A siren and emergency lights are not an excuse not to use common sense. In your situation it was the officer’s responsibility to make sure that he could make his u-turn safely. Again lights and siren are not a license to be careless.

 

[Bird]

Right, Tim, the wording in Texas is:

</font><font color="blue" class="small">( § 546.005. Duty of Care



This chapter does not relieve the operator of an authorized emergency vehicle from:



(1) the duty to operate the vehicle with appropriate regard for the safety of all persons; or



(2) the consequences of reckless disregard for the safety of others.
)</font>

 

[dmccarty]

Bird,

Yeah, I kinda knew I was opening a can of worms. /forums/images/graemlins/grin.gif

While I mentioned the Raleigh officer and the city throwing out
the immunity defense. Durham which is a nearby city has had
numerous lawsuits against the city where immunity obviously
was not a defense.

Now some of these where completely different cases but there
was a similar one to the accident in Raleigh. The officer got
a call, went code 3, made a turn and went down a
road going the wrong way. The intersection is a bit crazy,
its not a simple one and it was early AM/Late PM. No excuse
for what he did but it was a factor in the accident that
followed. One or two people where killed when the patrol
car and a civilian car had an accident.

The only thing I heard or could guess was that he still had a
duty to act safely and failed to do so. Since he failed to do
so it allowed an opening in the city's immunity protection and
thus a lawsuit.

And many officers don't have insurance or membership in the
PBA or FOP. I think these groups are a bit different from state
to state especially up North. But a membership in those
groups will at least get an officer some legal help. To many
officers depend on the department/agency for legal help which
is a very bad thing..... /forums/images/graemlins/frown.gif

Later,
Dan

 

[mwechtal]

Bird,
Yep, that's the way that my lawyer explained it.

If there had been a witness, I just might have pushed it farther. I feel morally right, so I guess I just have to leave it at that.

Besides, I'm fairly sure that the police officer that pulled in front of me had a fairly seroius "discussion" with his supervisor soon after. /forums/images/graemlins/wink.gif After all, if the officer does this a couple more times it just might be a bit more difficult for the county to win the case.

Mike