Recent Emergency Vehicle Case

Recent Emergency Vehicle Case, handled by Anderson, Hurwitz & Harward, P.C.

Arizona Revised Statute Section 28-624 requires the driver of an emergency vehicle, with “one lighted lamp displaying a red or red and blue light or lens visible under normal atmospheric condition from a distance of five hundred feet to the front of the vehicle and while sounding an “audible signal by bell, siren or exhaust whistle,” to proceed past a red or stop signal or sign “only after slowing down as necessary for safe operation.” A driver of an emergency vehicle has a duty to drive with due regard for the safety of all persons. Orlando v. Northcutt, 103 Ariz. 298, 300, 441 P.2d 58, 60 (1968).

This tragedy began to unfold at about 5:13 p.m. on Monday June 24, 2002, when a City of Phoenix Fire Department Rescue Unit (hereinafter “Rescue Unit”), driven by a City Fire Fighter responded to an emergency service call. The Rescue Unit was responding to assist another emergency vehicle. According to the City of Phoenix, the Rescue Unit had been “driving code 3”, however an eyewitness did not recall the Rescue Unit using its warning devices. The Rescue Unit stopped for a red traffic signal light for approximately 4 to 5 seconds to allow traffic to yield.

After waiting for traffic to clear at the intersection, the Rescue Unit immediately proceeded westbound at a speed of between 35 and 50 miles per hour. According to an eyewitness, the Rescue Unit approached the intersection at a high rate of speed, probably 50 miles an hour plus.

At the same time, our client was taking her two children, her six-year old daughter and twelve-year-old son to swimming lessons. Our client entered the Phoenix intersection of 79^th Drive and Indian School Road on a green traffic signal light according to an eyewitness.

Unfortunately, the Rescue Unit did not slow or stop for the red traffic signal and did not observe our client’s vehicle until it was too late. According to an eyewitness, “I watched the ambulance run the red light.” The eyewitness also said that “the ambulance did not slow down or stop before traveling westbound through the intersection.” The City of Phoenix Police Department determined through accident reconstruction that the Rescue Unit was traveling over 40 miles per hour at the time of the collision. Our accident reconstructionist determined that this was a conservative figure.

The Rescue Unit violently collided with the driver’s side of our client’s vehicle. Our client suffered critical injuries and required emergency air transportation to the hospital. Sadly, our client was pronounced dead at the hospital. Her son and daughter had suffered severe, permanent, and life-threatening injuries.

During the next two years, our client's family and Anderson, Hurwitz & Harward worked closely together to ensure that the City of Phoenix accepted personal responsibility for this tragedy so that it would hopefully never happen again. We have been told that the Rescue Unit driver, as well as other emergency drivers, have been required to get continuing emergency driving training, that the City of Phoenix is working on a new driver training complex, and that the City of Phoenix is implementing technology to allow emergency drivers to change traffic signal lights to hopefully eliminate such a tragedy in the future.