If you are suffering from injuries sustained in a collision, you may wonder if you can sue for a car accident with a fire truck. You can sue if the accident was caused by negligence, which can be hard to prove. Recovering compensation for your injuries, recovery, and related expenses and losses can be a time-consuming and legally complex process.
Fire trucks have a unique responsibility to citizens and often move at higher speeds than typical vehicles. Their right and ability to exceed the speed limit at certain times combined with your responsibility to move over and allow them to pass can make suing for damages complicated. A car accident lawyer can help you understand your rights without asking for any out-of-pocket or upfront fees.
Understand the Legal Parameters of Filing a Fire Truck Accident Lawsuit
Fire trucks, like other official vehicles, enjoy sovereign immunity. This means that under certain circumstances, they cannot be held legally or financially responsible for an accident unless they consent to the legal action. That generally means proving:
- The accident was caused by an intentional act of wrongdoing
- The accident was caused by an act of gross negligence
On your own, it can be difficult to recover damages in cases like these. A car accidents attorney can help you understand sovereign immunity and its impact on your case.
Proving Gross Negligence or Intentional Wrongdoing in a Fire Truck Accident
Building a case file that allows you to seek compensation after a car accident involving a Florida fire truck is a complex legal undertaking. To establish the required legal components of your case, you must prove:
- Duty of care: The at-fault party’s legal responsibility to protect your safety by operating a vehicle—even an emergency vehicle—as safely as possible.
- Breach of duty: The action by the at-fault party that breaches their legal obligation, including actions deemed unreasonable, reckless, or careless.
- Causation: This element of negligence means proving the at-fault party’s actions are directly responsible for causing the resulting accident.
- Damages: We must demonstrate proof of the financial expenses and losses you experienced and proof that the accident and the at-fault party’s action were their cause.
Establishing these elements means building a comprehensive case file. Doing so can be difficult, especially if you are simultaneously coping with the physical limitations of serious injuries.
Proof Is Important to Seeking Compensation for a Fire Truck Accident
The insurance company representing the fire truck driver and municipality, and its agency will request proof of negligence before considering a settlement. Your evidence collection can include:
- Medical records and bills that depict the cause and costs of your injuries
- A written prognosis that describes the costs of anticipated treatments
- Paystubs and other proof of income that show the monetary value of your lost wages and income
- Police and fire station reports on the accident’s causes and contributing factors
- Photos and videos of the accident scene, both vehicles, and your injuries
- Lay and expert witness testimonials and accident reconstruction reports
A car accidents attorney can help you build a persuasive case file. They can also help you navigate the negotiation process and fight hard for the best possible financial outcome for you and your family.
Financial Compensation for an Accident Involving a Fire Truck
The size and weight of a fire truck can mean occupants of a vehicle can sustain serious, possibly life-threatening, injuries. To compensate you for the costs of treating your injuries, the at-fault party could be compelled to cover your short- and long-term medical bills throughout your recovery. You could also recover:
- Treatment-related travel costs
- Past and future lost wages
- Lost future earning potential
- Damage or destruction of property
- Reduced property values
You could also be entitled to a range of non-economic damages. These can be more difficult to assess on your own since they do not have the same accompanying documentation as economic damages. Non-economic damages include:
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
- Physical disability
- Physical disfigurement
Financial recovery can also include wrongful death compensation for a fatal fire truck accident. These damages compensate your family for your loved one’s funeral costs and your loss of financial and familial support, consortium, companionship, guidance, and society.
Fire Truck Accident Compensation Could Have a Damage Cap
Personal injury protection (PIP) insurance could cover many of your initial accident expenses, but accidents with firetrucks can exceed your coverage limits. Properly assessing your car crash Florida damages is critical to your injury claim. We want to make sure you can get the full extent of your damages because:
- You cannot request additional compensation once your case is resolved. Even valid damages will not be recoverable at that point.
- Florida Statutes § 768.28(5) limits the amount of compensation you can recover from a government or municipal agency.
Start by creating a carefully detailed list that includes all of your financial expenses and losses. Doing so can help you avoid inadvertently omitting any form of compensation you are entitled to recover.
Avoid a Potentially Costly Delay in Filing Your Fire Truck Accident Lawsuit
In 2024, Florida’s personal injury statute of limitations changed from four years to generally two years, according to Florida Statutes § 95.11. The same filing deadline applies to wrongful death cases.
In addition, you generally have six months to provide written notification when suing a government agency, according to Florida Statutes § 768.28(6)(a)(1). If you do not meet the notification and filing deadlines, you could lose the legal right to sue for compensation and be forced to bear the financial consequences of the accident.
Let Our Team Review Your Fire Truck Case for Free
If you or someone you love was injured in a collision with a fire truck, you could be entitled to financial compensation. After an accident, our legal team can answer your case-related questions and concerns about your eligibility to sue for a car accident with a fire truck.
Learn more about navigating a claim against a municipality and find out how hard our car accident lawyers will fight for you. Call (954) 633-8270 to contact our team for a consultation with the Law Offices of Wolf & Pravato today.
