When you hear sirens or see the flashing lights of a police car or fire truck in your car's rearview mirror, your instinct is to pull over and wait for the vehicle to pass. These trucks and cars have the right of way when their lights and sirens are activated. But what if you don't see or hear any signs of an emergency vehicle before it runs into you? Can the driver of that vehicle be held liable for any injuries or deaths in an accident? 

The Ohio Supreme Court heard arguments this week in a wrongful death suit involving a fire truck. A couple from Canton, Ohio, was on their way home from celebrating their 53rd wedding anniversary when their van was struck by a city fire truck that ran a red light on its way to a fire. The truck's siren wasn't working but the driver blew the air horn and the truck's emergency lights were flashing.

The 82-year-old husband died in the collision and his wife was injured. She and her husband's estate sued the city in 2009, but a Stark County Common Pleas Court judge ruled that the city was immune from the wrongful death claim because the firefighter was driving as part of his official duties.

The plaintiffs appealed, arguing that the city wasn't entitled to immunity because the firefighter didn't stop at a red light, according to the city's policy and the traffic code. The 5th District Court of Appeals agreed, saying the plaintiffs should be able to present the case to a jury. On Tuesday the Canton Law Department's chief counsel urged the Ohio Supreme Court to rule that internal policies and traffic laws can't be considered when ruling on immunity.

The high court's decision could have a major impact on cities and other political subdivisions across the state. Fire, police and other city departments could be subject to more lawsuits filed by people injured in accidents with public safety vehicles if the city employees driving them are found to be at fault.

Source: CantonRep.com, "Ohio Supreme Court hears case involving Canton firetruck," Shane Hoover, Feb. 7, 2012