Driving is always a risky activity that could result in a crash that can damage your car and leave you with injuries. However, some car accidents occur when no one is in the vehicle. While this means you won’t have any injuries, your parked car will likely have some damage that could be extensive. If your car is hit by an emergency vehicle, you might wonder about your legal rights and what you can do.
An accident involving fire truck accident liability can become a complicated issue since it will involve a local governmental entity. Understanding what to do if a fire truck hits your parked car can help you determine the next steps to take.
At Tijerina Legal Group, we provide legal assistance in personal injury and property damage claims. In this blog post, we discuss Texas law and how you can hold government agencies responsible for damage if a fire truck hits your car while it’s parked.
If a Fire Truck Hit Your Vehicle, Who Is Liable?
Since Texas has at-fault laws, the liable party is the one who hit your parked vehicle. By sheer logic, this would make you assume that the fire truck driver is responsible. However, insurance claims involving a government entity can be very complex.
When passenger vehicles are hit by emergency vehicles, it can be argued that the fire truck drivers were behaving according to their employment rather than being negligent and causing a fire truck accident.
Fire trucks and their drivers are governed by a local government agency. Filing a claim requires finding the appropriate government agency and filing a claim against those responsible for the fire truck that hit your car. Due to the complexities involved, it is wise to consult an attorney to help you file a claim.
The At-Fault Driver
Under the laws in the state, an accident in a fire truck is generally protected if the fire truck driver is acting in good faith and trying to follow the scope of their job. These protections make it a challenge to hold the driver of a fire truck responsible for causing damage to parked cars.
In order to file a claim, you will need to prove that the person operating the vehicle did so negligently rather than accidentally while responding to an emergency. Negligence in these accidents would include drunk driving, drowsy driving, or reckless driving. It could also include failure to secure equipment, such as the ladder, in accidents where these parts can cause damage.
The Fire Department or a Government Agency
You could also file a claim with the agency who employs the driver responsible for the accident, but you’ll have to prove your case. An attorney can help you as you’ll need to prove that the public officials would be liable for the accident if they were private citizens. This means that if the firefighter would not be responsible for your damages if they were driving a passenger car, then you would be unable to recover compensation.
When collisions occur, it is important to act quickly. Dealing with the government means a shorter statute of limitations for your case. In most cases, you will need to file a notice of claim within six months. Speaking with an attorney can help you determine your legal options after your accident.
Steps to Take When You Your Parked Car is Damaged by a Fire Truck
It can be hard to prove negligent behavior when trying to recover compensation for damage to your parked car by a fire truck, though it’s not impossible. Here are the steps you should take if you find yourself in this scenario:
Get Evidence
When you’re not in the car when it is hit, there is likely no need to get medical attention. If you were in the car at the time of the accident, do not skip getting the medical care you need. Take photos of the accident and note the license plate number of the fire truck or any other relevant markings that could identify the truck, such as the fire truck’s number.
Call the Police
You’ll want to report what happened to the police and have a report drafted for your insurance carrier. This helps you document the accident when you file your claim.
Report to the Insurance Company
Whether you use your collision coverage or not, you will need to report the accident to your insurer. Your insurance company will ask questions and your best bet is to have an attorney involved to ensure you are treated fairly.
Contact an Attorney
When someone hits your car, criminal charges are often filed as a class C misdemeanor with time spent in the county jail. However, there are different processes for an accident that involves a fire truck.
The sheer size of a fire truck and the need to quickly get to a fire or other emergency setting can mean that fire trucks might inadvertently damage other cars parked on the road. However, why should you pay for the damages when the accident wasn’t your fault?
Before you make a claim, it is essential to understand what you are up against. With an attorney, you will have someone who knows the laws and how to help you with your claim from the start. Be prepared that you will encounter plenty of resistance and with the shorter statute of limitations, you don’t want to waste any time and lose your chance to get the compensation you deserve.
If your car was parked and damaged when a fire truck hit it, contact Tijerina Legal Group to schedule a free initial consultation. Our lawyers will review your case and help you determine how to move forward after this incident.
