Personal Injury: Collision with Emergency Vehicles in Alberta

Have you ever been involved in an accident involving an emergency vehicle in Alberta (police car, ambulance, fire truck, etc?) and wondered if the driver of the vehicle could be potentially liable to you for the collision and any resulting damage and injuries?

Emergency vehicles in Alberta enjoy certain special privileges that do not apply to ordinary motorists. In fact, ordinary motorists have special obligations as it relates to emergency vehicles on the road. These special privileges and obligations are governed by the Use of Highway and Rules of the Road Regulation, Alta Reg 304/2002 and the Alberta Traffic Safety Act (the Act).

What are these Privileges?

Under the Regulation, an emergency vehicle, whilst the siren of the vehicle is in operation or not, may exceed the speed limit, drive through a red light, stop signal, or stop sign without stopping, and may contravene any other rule of the road under the Act. This privilege is, however, subject to the condition that it must be reasonable and safe for the driver of the emergency vehicle to break the normal rule (abiding by the speed limit, stopping at a red traffic light stop, etc.).

What are your obligations as a civilian driver or ordinary motorist in Alberta?

If you encounter an emergency vehicle with its siren in operation and the vehicle is overtaking, approaching, or meeting your vehicle, you must yield the right of way to the emergency vehicle unless a Peace Officer directs otherwise. You must move your vehicle to a position that is clear of any intersection and parallel to and as close as practicable to the right curb or edge of the roadway.

What if you comply with the obligations, but still get hit?

Whilst the Regulation permits emergency vehicles to contravene several rules of the road, the Regulation does not permit the operator of an emergency vehicle to drive, operate, or park the vehicle in a manner that, considering the circumstances, is negligent.

In Alford v. Canada, 2010 ABQB 192 (CanLII), the plaintiff’s vehicle was turning into a local hospital when it was rear-ended by a police officer who was responding to an emergency nearby. The plaintiffs sued for property damage in the amount of $17,002.19. The defendants counterclaimed for damages in the amount of $15,692.25.

The Alberta Court of Queen’s Bench allowed the action and dismissed the counterclaim. That is, the regular driver sued the police, and won.

With reference to the privileges under the Highway Traffic Act, (which has now been repealed and replaced by the Traffic Safety Act) the court stated: “Nevertheless, these special privileges do not absolve police officers from liability in every circumstance. The allowance and privileges to emergency vehicles are still subject to the consideration of all the “circumstances” which, without limitation, I define to include: weather, topography, traffic, the nature of the emergency, the number of emergency responders thought to be en-route or at the scene, and so on. Officers will be civilly liable if, considering all the circumstances, they are negligent. Officers can break statutes or municipal laws referred to in the preceding sections only if it is reasonable and safe to do so in the circumstances”.

What this means for you is that, if you have been involved in a collision with an emergency vehicle, the operator of the vehicle could be liable to you for any damages and personal injuries caused to you.

If you have been involved in a collision with an emergency vehicle, our personal injury lawyers at Osuji & Smith can advise you of the options available to you and assist with making a claim for compensation.

Author: Joshua Williams