What Happens If an Ambulance Hits Your Car in Chicago

Expert Legal Counsel for Crashes Involving Emergency Vehicles

What happens if an ambulance hits your car in Chicago, IL? An accident caused by emergency vehicle drivers can be challenging, as first responders have certain legal protections, making determining liability more challenging. Thankfully, our attorneys are highly experienced in handling these cases and will ensure you get fair compensation from the relevant agency.

If your car is hit by an ambulance, you have rights. Read on to learn more about liability in ambulance accidents, how to seek compensation, and how a Chicago motor vehicle accident attorney from our team can help you through the legal process.

Determining Liability in Ambulance Accidents

If an ambulance crashes into your car, liability will be a critical factor in your case, despite its role in providing emergency services.

Emergency Vehicle Privilege

The Chicago Municipal Code §4-68-070 provides certain exemptions from traffic laws for ambulances and other emergency vehicles, like fire trucks and police cars, when on an active call.

While using their lights and sirens, they can go through red lights and stop signs as long as they stop and ensure the road is clear. They can also park in no-parking zones, turn on one-way streets, or turn in lanes where turning is prohibited. However, Chicago doesn’t allow ambulance drivers to disregard speed limits even during emergencies.

These privileges allow emergency vehicles to respond to accidents as quickly as possible. This is referred to as sovereign immunity, which protects government entities and their employees from being sued. While sovereign immunity is usually only for federal governments, Illinois has extended this to municipal entities like Chicago through the Tort Immunity Act (§745 ILCS 10/1-101).

However, the emergency vehicle privilege has limitations. Illinois law notes that emergency drivers must comply with all traffic laws when they are going above 40 miles per hour and always drive with due care for the safety of others. Nothing in the provisions prevents them from being held liable if they act recklessly, especially if they are not using their lights and sirens (§625 ILCS 5/11-1421).

Negligence on the Part of the Emergency Vehicle Drivers

Ambulance drivers could be found negligent in a car crash, even with emergency vehicle privileges. Below are examples of behavior that could lead to negligence and liability.

• Driving recklessly without lights and sirens or when not responding to an emergency
• Not slowing down through intersections or driving through active traffic without giving time to slow down
• Driving under the influence of drugs or alcohol
• Texting while driving
• Driving tired or falling asleep at the wheel

When an ambulance hits your car while they are not using their flashing lights and sirens, it is treated like an accident with any other vehicle.

This was established in the Illinois Supreme Court case Hernandez v. Lifeline Ambulance, LLC, where an ambulance service transporting a dialysis patient ran a red light and hit a car. Because the accident happened when no one needed emergency medical assistance, the court ruled that the plaintiff could pursue compensation.

Contributory Negligence

Illinois law uses modified comparative negligence, meaning that everyone in an accident is assigned a portion of blame (§735 ILCS 5/2-1116). You can sue if you were less than 50% responsible for the accident, but your portion of blame will reduce your compensation.

This can affect liability in any car accident, but it will be especially important in accidents with ambulances or other emergency vehicles.

For example, if an ambulance driver fails to turn on their lights and sirens before passing through an intersection, they will be considered more liable because they didn’t consider public safety. On the other hand, if the crash happened while the siren was on, the injured parties may be considered more to blame because they did not exercise caution.

You should always seek legal representation for such cases, as ambulance accidents result in both serious injuries and complex liability determinations. Contact us for a free case review so we can begin gathering evidence and determining fault.

Seeking Compensation for Car Accidents With Emergency Vehicles

As you’re seeking compensation for crashes involving emergency vehicles, you’ll want to remember the following recommendations.

Personal Injury Claims Against Emergency Responders

Common injuries from ambulance crashes can be life-changing, like spinal cord damage or traumatic brain injuries, and you deserve compensation.

Victims of emergency vehicle accidents may be able to file a personal injury claim against emergency responders. However, if the emergency responders were negligent during the accident, their immunity would not apply.

You could recover compensation for your medical bills, future medical expenses, pain and suffering, lost wages, and more. If their immunity does not apply, emergency vehicle accidents can be treated like a traditional personal injury case.

However, depending on the accident’s circumstances, there may be a steep burden of proof to remove emergency vehicle privileges. These types of accidents are legally complex and complicated, and it’s best to obtain representation to help you navigate them.

Government Liability

Ambulances can be publicly or privately owned. In Chicago, companies like Elite Ambulance and Superior Ambulance Services are private companies, while the Chicago Fire Department provides public medical services. Some hospitals, like Morrison Community Hospital, the University of Chicago, and Provident Hospital, also provide ambulances.

This means that the type of ambulance that hits you is very important. A privately owned ambulance would require you to sue the company, but if a public ambulance driver wasn’t driving safely, you could recover compensation from the City of Chicago. There are caps on how much you can recover from the government; an attorney can help you understand these limitations.

Insurance Coverage

Government agencies carry liability insurance to cover potential damages caused by their emergency vehicles, including ambulances. This insurance can provide compensation if an ambulance driver is found at fault in an accident.

The insurance adjusters may try to deny claims, offer low settlements, or shift the blame. They want to minimize how much the company has to pay, so they will do their best to uphold the immunity.

Accidents involving emergency vehicles are complex. Car accident attorneys not only help you navigate interactions with insurance companies, but they can also help you understand your rights, recommend a legal course of action, and help you recover maximum compensation for your troubles.

How an Attorney Can Help

Any car accident can be stressful, let alone one with an emergency responder. A personal injury attorney can help you pursue legal action and recover compensation for your harm.

Legal Expertise

Many extenuating circumstances can exist in car accident cases involving emergency vehicles, including sovereign immunity and a high burden of proof to prove negligence. Ambulances are legally allowed to disregard traffic laws, while you need to give them the right-of-way.

Lawyers understand all the factors in an ambulance accident. They can help:

• Investigate your claim
• Secure medical records
• Obtain your police report
• Interview witnesses
• Interact with insurance

They use these factors to build your case and recommend the proper action. Your personal injury lawyer will guide you throughout the process, providing support as you seek justice for your injuries and giving you the best possible chance of winning your personal injury case.

Negotiation Skills

Once they’ve determined fault, your lawyer will do their best to secure a fair settlement. They will examine the actual and intangible costs you incurred due to the accident and recommend a minimum and maximum settlement.

Unlike insurance companies, personal injury lawyers start high. They want to get you the maximum compensation they can. Through negotiations with the other party, they will either settle out of court or take the case to trial.

Advocacy

Emergency vehicle drivers are well protected within the legal system. Still, if they were at fault for the accident, they deserve to be held accountable for their actions, just like other drivers. Lawyers have a responsibility to advocate for victims’ rights. They understand the physical and emotional trauma a car accident can cause, and they do their best to help you seek justice.

An experienced attorney understands the tactics insurance companies use and will defend you against them. They stand firm to help you recover maximum compensation for your car accident.

Expert Legal Representation Near You!

If you have been a victim of an accident involving emergency medical services, Rosenfeld Injury Lawyers can help you understand your legal options. Our experienced personal injury team in Chicago will help you seek justice and secure maximum compensation.

Call (888) 424-5757 or fill out our contact form to book a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.