Quick answer
You can usually bring a claim. Emergency drivers may break some traffic rules only while responding with a siren and red light on, and must still drive with due regard for safety. If a public agency owns the vehicle, you generally have six months to file a government claim.
You can usually bring a claim after an emergency vehicle accident, such as a crash with a fire truck, ambulance or police car. California lets emergency drivers break some traffic rules only while they are responding to an emergency with a siren and red light on, and even then they must drive with due regard for everyone’s safety. If a city, county or state agency owns the vehicle, you generally have six months to file a government claim.
We are B&D Law Group, APLC, a Los Angeles personal injury firm. This guide explains what the siren rules allow, who pays, and the deadlines that apply.
What lights and sirens allow, and what they do not
Vehicle Code section 21055 exempts the driver of an authorized emergency vehicle from many rules of the road, including speed limits, traffic signals and right-of-way rules. The exemption applies only while the driver is responding to an emergency and is sounding a siren and showing a red lamp.
Vehicle Code section 21056 sets the limit. The exemption does not relieve the driver of the duty to drive with due regard for the safety of everyone using the highway, and it does not protect a driver from the consequences of using it arbitrarily.
In practice, a fire engine that slows and clears an intersection before going through a red light is using the exemption. One that enters a blind intersection at speed may not be driving with due regard. If the siren and red light were off, the ordinary rules of the road apply.
What other drivers and pedestrians must do
Under Vehicle Code section 21806, when an emergency vehicle approaches with its siren and red light on, other drivers must yield, pull to the right-hand edge or curb, and stop until it passes. Pedestrians must move to the nearest curb or place of safety.
If you did not yield, the agency may argue you were partly at fault. California uses comparative fault, so your share reduces your recovery but does not bar it.
Who pays after an emergency vehicle accident: the agency, not the driver
- Public vehicles. Under Vehicle Code section 17001, a public entity is liable for injuries caused by an employee’s negligent driving within the scope of the job. Section 17004 protects the individual firefighter, paramedic or officer from personal liability while responding to an emergency, so the claim is against the agency. In Thomas v. City of Richmond (1995), the California Supreme Court held that the officer’s personal immunity does not remove the agency’s own liability under section 17001.
- Police pursuits. An agency can be immune for crashes during a chase if it has adopted a written pursuit policy, trains officers on it every year, and requires officers to certify in writing that they have read it (Vehicle Code section 17004.7). In Ramirez v. City of Gardena (2018), the Supreme Court held the policy must require the certification, but the agency does not have to prove every officer signed. Whether an agency qualifies is decided case by case.
- Private ambulances. Vehicle Code section 165 counts licensed private ambulances as authorized emergency vehicles, so the same siren rules apply. The claim, though, is against the ambulance company and its insurer. Find out early who owned and operated the ambulance, because that decides which deadline applies.
Deadlines
| If the vehicle belonged to | First deadline | Then |
|---|---|---|
| A city, county, district or state agency | Government claim within 6 months of the crash (Government Code section 911.2) | If the claim is rejected in writing, a lawsuit within 6 months of that notice; with no written notice, within 2 years (Government Code section 945.6) |
| A private ambulance company | Lawsuit within 2 years (Code of Civil Procedure section 335.1) | No government claim step |
Missed the six-month window? Government Code section 911.4 allows a written application to present a late claim, with the reason for the delay, within a reasonable time and no later than one year after the crash. Our guide to personal injury deadlines in California covers the general rules, and our guide to claims against public entities for road hazards explains the government claim process in more detail.
Evidence to ask for early
- Dispatch records showing whether the vehicle was actually responding to an emergency call
- Siren and light activation data, where the vehicle records it
- Dashcam and body camera footage
- Names of witnesses who can say whether they heard a siren
- Video from nearby businesses, which is often recorded over quickly
What to do after the crash
- Get medical care and keep every record.
- Make sure a police report is taken, and get the report number.
- Photograph the scene, the vehicles and your injuries.
- Write down whether you heard a siren or saw lights, and when.
- Note the agency or company name on the vehicle and its unit number.
- Put the six-month claim date on your calendar the same day.
Fault questions at intersections come up often in these crashes. See our guides to T-bone accident fault, four-way stop right of way and California’s move-over law.
Frequently asked questions
Can I make a claim if the fire truck had its siren on?
Often, yes. The siren lets the driver break some traffic rules, but Vehicle Code section 21056 still requires driving with due regard for the safety of everyone on the road.
Can I sue the firefighter or officer personally?
Generally no. Vehicle Code section 17004 protects the individual driver while responding to an emergency. The claim is made against the agency under Vehicle Code section 17001.
What if I missed the six-month deadline?
You may be able to apply to present a late claim under Government Code section 911.4. The application must explain the delay and be made within a reasonable time, no later than one year after the crash.
Is it different if a private ambulance hit me?
Yes. The siren rules are the same, but the claim is against the ambulance company and its insurer, and the general two-year deadline applies instead of the six-month government claim.
I was hit during a police chase. Who pays?
It may be the fleeing driver, the agency, or both. An agency can be immune for pursuit crashes if its written pursuit policy meets Vehicle Code section 17004.7.
Talk to a lawyer about your crash
If you were hurt by an emergency vehicle in California, our car accident attorneys can review who owned the vehicle and which deadline applies. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.
Related Reading
- Hurt in a Police Chase in California: Who Pays for Your Injuries?
- As Discussed on KGET 17: Personal Injury Claim Mistakes to Avoid
- Uninsured Motorist Claims in California: How UM and UIM Coverage Works
- Negligent Security in California: When a Property Owner Pays for an Assault
- Car Accident Attorneys — B&D Law Group