Firetruck hit my brother's car while backing up

[jliso]

What is the name of your state?This happened in Atlanta, GA. My brother was approaching a busy intersection when he saw a firetruck with the emergency lights on waiting right before the intersection (first in lane to cross). My brother stopped his little truck around 30 feet behind the firetruck waiting on his next move. All of a sudden the firetruck started reversing fast and hit my brother's truck. The firetruck driver got out of the vehicle and did not ask my brother whether he was well or not; he got mad at my brother asking what was he doing on his rear. My brother just stood there in disbelief. Then a police officer came and gave my brother a ticket for not keeping the distance (100 ft according to police officer). My brother replied that he was not following the truck, that he was being cautious when he stopped once he saw the firetruck. My brother also told the police officer that there was not a warning sign in the truck stating the distance (not that it mattered, because my brother was not following the firetruck). The police held my brother at site for more than one hour while he friendly chatted with the guys of the fire department. Can my brother get indemnization for damages to his truck? Can he file a complain for getting a ticket unfairly? What about filing a lawsuit against the municipality?

 

[CdwJava]

Chances are that there is a vehicle code section in GA regarding the 100' rule for following behind a fire truck. However, I can't seem to find it.

What's the section you were cited for?

And you can sue anyone for anything. Whether you will prevail or not may depend on whether this 100' law exists.

Have you contacted your insurance company? What do they say?

- Carl

 

[jliso]

Thanks carl

Thanks for your prompt reply Carl. I will get in touch with my brother to see if he already got a copy of the police report, and I will ask him what code was written on the ticket he got.

 

[jliso]

Carl: I forgot

I forgot to mention that my brother only has liability insurance on his truck.

 

[teflon_jones]

Most states have "keep back XXXX feet" laws related to emergency vehicles. I can't find anything specific on your situation. If the fire truck had its lights on, and your brother wasn't instructed to approach closer by a fireman, policeman, or other official, then he would be in violation of this even if the vehicle was parked since it had its lights on by your brother's own admission. It really doesn't matter whether it was moving or not. But the main thing here is to get the code from the ticket your brother got so the specific statute can be referenced to see what he was specifically cited for, and whether he actually violated that.

 

[FHawk]

By the legal definition set forth in the Georgia code, your brother was "following" the fire truck.

40-6-49.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such vehicles and the traffic
upon and the condition of the highway.
(d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed
to make a lawful turn shall be deemed to be following for purposes of this Code section.

I couldn't find the code, BUT this is from pg 45 of the GA driver's manual: http://www.gadmvs.com/forms/pdf/dls/FullDriversManual.pdf

"Following Emergency Vehicles
The driver of any vehicle, other than one on official business, must not follow any fire fighting apparatus traveling in response to a fire alarm, or other emergency vehicles, closer than 200 feet, or drive into or park any vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm."