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false accusations by an employer

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CSO286

Senior Member
The Texas Supreme Court held in 1998 that an emergency vehicle driver can be held liable in an accident when the emergency vehicle driver's conduct is found to be "reckless," as opposed to negligent.

Here is a link to City of Amarillo v. M artin: http://caselaw.findlaw.com/tx-supreme-court/1298153.html

Although I admit I am a bit puzzled by the board of review's finding that appears contrary to the facts of the accident, I see little that hale1114 can do to change the board's assessment of the facts (and can only assume that the board might know more than we do :)).
If I night, it most likely has to do with OP being held to a higher standard than the ordinary Joe--or the drunk Joe.
 


quincy

Senior Member
If I night, it most likely has to do with OP being held to a higher standard than the ordinary Joe--or the drunk Joe.
Although that could be the reason behind the internal report, the Texas Supreme Court in City of Amarillo essentially said just the opposite.

The Court said that the burden is on the other drivers to avoid a collision with an emergency vehicle because the emergency vehicle has lights and sirens which provide other drivers with advance notice of its approach, cars are not equipped with lights and sirens to likewise notify emergency vehicle drivers of their location, and the emergency vehicle with lights and sirens on is responding to what could be a life or death incident.

Therefore, drunk Joe should have remained alert to the sight and sound of the oncoming emergency vehicle and yielded to its approach.
 

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