false accusations by an employer

[hale1114]

What is the name of your state (only U.S. law)? Texas

2 years ago I was driving an emergency vehicle and was involved in a collision with a civilian vehicle. We were responding to an emergency.

Background: We were approaching an intersection. After myself and my officer checked and accounted for all lanes of traffic we proceeded through the intersection with due regard for safety. All warning devices were sounding. A drunk driver slowly pulled out in front of us. By that time we were so close, collision was unavoidable. All of this was detailed in various accident documents by both myself and my officer. I was following all applicable laws and standard operating procedures of my city, state (TX), and department.

At the internal accident review board they ruled that the accident was my fault and that I could've prevented it. In the final disposition - which is in my permanent record file - they falsely said that the accident occurred because I didn't check all lanes of traffic.

What concerns me more is that if the family decides to sue, or if something similar happens with fatal consequences, then attorneys can come back with an open records request and this incident - which wasn't my fault - can be used against me.

Do I have any recourse? How can I get them to reverse their ruling?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

2 years ago I was driving an emergency vehicle and was involved in a collision with a civilian vehicle. We were responding to an emergency.

Background: We were approaching an intersection. After myself and my officer checked and accounted for all lanes of traffic we proceeded through the intersection with due regard for safety. All warning devices were sounding. A drunk driver slowly pulled out in front of us. By that time we were so close, collision was unavoidable. All of this was detailed in various accident documents by both myself and my officer. I was following all applicable laws and standard operating procedures of my city, state (TX), and department.

At the internal accident review board they ruled that the accident was my fault and that I could've prevented it. In the final disposition - which is in my permanent record file - they falsely said that the accident occurred because I didn't check all lanes of traffic.

What concerns me more is that if the family decides to sue, or if something similar happens with fatal consequences, then attorneys can come back with an open records request and this incident - which wasn't my fault - can be used against me.

Do I have any recourse? How can I get them to reverse their ruling?

That one word (slowly) really puts a dent in your version. If the other driver pulled slowly in front of you, then it is conceivable that you would have had time to see the danger unfolding and take steps to avoid it.

With that said, I would suggest that you seek the assistance of a local attorney. There is no way any of us could guide you through what is likely a complex internal system for appeals.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

2 years ago I was driving an emergency vehicle and was involved in a collision with a civilian vehicle. We were responding to an emergency.

Background: We were approaching an intersection. After myself and my officer checked and accounted for all lanes of traffic we proceeded through the intersection with due regard for safety. All warning devices were sounding. A drunk driver slowly pulled out in front of us. By that time we were so close, collision was unavoidable. All of this was detailed in various accident documents by both myself and my officer. I was following all applicable laws and standard operating procedures of my city, state (TX), and department.

At the internal accident review board they ruled that the accident was my fault and that I could've prevented it. In the final disposition - which is in my permanent record file - they falsely said that the accident occurred because I didn't check all lanes of traffic.

What concerns me more is that if the family decides to sue, or if something similar happens with fatal consequences, then attorneys can come back with an open records request and this incident - which wasn't my fault - can be used against me.

Do I have any recourse? How can I get them to reverse their ruling?

First, if this happened two years ago, defamation would not be an issue for you in Texas. Texas has a one year statute of limitations for defamation from the date of first publication, which means the time for filing suit has passed.

You said that an "internal accident review board" ruled that the accident was your fault. Was any disciplinary action taken against you by the Department of State Health Services, EMS & Trauma Systems?

Were you ticketed by the police for being at fault in the accident? How did the insurers (yours and the other party's) handle the accident?

Seeking out the help of an attorney local to you, as Zigner suggests, is probably a good idea.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Texas

2 years ago I was driving an emergency vehicle and was involved in a collision with a civilian vehicle. We were responding to an emergency.

Background: We were approaching an intersection. After myself and my officer checked and accounted for all lanes of traffic we proceeded through the intersection with due regard for safety. All warning devices were sounding. A drunk driver slowly pulled out in front of us. By that time we were so close, collision was unavoidable. All of this was detailed in various accident documents by both myself and my officer. I was following all applicable laws and standard operating procedures of my city, state (TX), and department.

At the internal accident review board they ruled that the accident was my fault and that I could've prevented it. In the final disposition - which is in my permanent record file - they falsely said that the accident occurred because I didn't check all lanes of traffic.

What concerns me more is that if the family decides to sue, or if something similar happens with fatal consequences, then attorneys can come back with an open records request and this incident - which wasn't my fault - can be used against me.

Do I have any recourse? How can I get them to reverse their ruling?

Was this a traffic signal/sign controlled intersection?
And why, if he pulled out slowly, could you not avoid the accident?
What type of emergency vehicle were you driving? Ambulance, jump truck, squad car, fire truck (and yes, it does make a difference).
How long have you driven emergency vehicles?

I have to assume that you realize, even if you running "hot" (lights AND siren), you still have to maintain a safe and appropriate speed....And if the drunk pulled out in front of you SLOWLY, and you could not avoid an accident, then you were probably traveling at a speed that was not safe or appropriate.

And even if the other party was ticketed (found at fault) by law enforcement, you are still subject to internal review--which could find that you were not driving the emergency vehicle in accordance with YOUR particular department or YOUR employer...

 

[quincy]

... What type of emergency vehicle were you driving? Ambulance, jump truck, squad car, fire truck (and yes, it does make a difference) ...

Good question, Ladyback1.* The type of emergency vehicle can make a difference (not for defamation but for the possible disciplinary action/legal actions).

I don't know why I assumed the vehicle being driven was an emergency medical response vehicle.





*actually, all of your questions were good ones, but this question of yours stuck out because of my potentially erroneous assumption.

 

[cbg]

None of which changes the fact that if the OP is looking for a law he can invoke that will force the employer to change their records to say that he was not at fault for the accident, he is out of luck because no such law exists.

 

[quincy]

None of which changes the fact that if the OP is looking for a law he can invoke that will force the employer to change their records to say that he was not at fault for the accident, he is out of luck because no such law exists.

It seems to me that the time to challenge the review board's finding of fault would have been at the time this determination of fault was being made.

Texas has a two year statute of limitations for property damage and personal injury suffered as the result of a car accident, so the drunk driver (if he has not filed a claim already) does not appear to have any legal action to pursue. If hale1114's concern is that the internal report can be used against him in the event he has another accident, however, that really depends on who is using the internal report and how it is being used.

 

[hale1114]

About "slowly." I guess that's perceptive. It appeared slowly. He could've gunned it, or travelled at a normal rate of acceleration. So let's say he pulled out. We were about 30 feet from him when we saw what was unfolding. Even going 10mph, we would've collided.

The vehicle: a pumper firetruck, full size (not a midi/mini-pumper), carrying 750 gallons of water in addition to tools, hose, personnel. I've driven emergency vehicles for 15 years.

The intersection was controlled. We had the red signal, but state law and department procedures do not require completely stopping. That was one of the first things I checked. Opposing traffic only comes from one direction, 3 lanes wide. So we were able to focus on opposing flow.

He was a homeless man driving a relative's car. I doubt they were insured. I don't know if city insurance paid them or not. My personal insurance was unaffected.

There's no system for appeals. I was told it was permanent since it had gone to the Fire Chief by that point. I wasn't allowed to see the ruling to contest it. Typically the board rules, it's all verbal, and then they dismiss. This time the board ruled, and they wrote down the ruling, along with a reason it was my fault.

I wasn't cited for any offense, but he was arrested for DWI and (I think) cited for failure to yield to an emergency vehicle. I was not disciplined by any outside agency (Texas Dept of Health, etc. ) The only discipline was in-house. I was given a Record of Employee Advisement - basically a written reprimand stating it was my fault.

My issue isn't whether or not I was at fault. Per PD, state motor vehicle law, and department SOPs I wasn't. The issue is that their reason I was at fault is completely fabricated. It's this lie that's in my permanent file. I don't want to sue them. I want them to reverse the ruling.

 

[quincy]

About "slowly." I guess that's perceptive. It appeared slowly. He could've gunned it, or travelled at a normal rate of acceleration. So let's say he pulled out. We were about 30 feet from him when we saw what was unfolding. Even going 10mph, we would've collided.

The vehicle: a pumper firetruck, full size (not a midi/mini-pumper), carrying 750 gallons of water in addition to tools, hose, personnel. I've driven emergency vehicles for 15 years.

The intersection was controlled. We had the red signal, but state law and department procedures do not require completely stopping. That was one of the first things I checked. Opposing traffic only comes from one direction, 3 lanes wide. So we were able to focus on opposing flow.

He was a homeless man driving a relative's car. I doubt they were insured. I don't know if city insurance paid them or not. My personal insurance was unaffected.

There's no system for appeals. I was told it was permanent since it had gone to the Fire Chief by that point. I wasn't allowed to see the ruling to contest it. Typically the board rules, it's all verbal, and then they dismiss. This time the board ruled, and they wrote down the ruling, along with a reason it was my fault.

I wasn't cited for any offense, but he was arrested for DWI and (I think) cited for failure to yield to an emergency vehicle. I was not disciplined by any outside agency (Texas Dept of Health, etc. ) The only discipline was in-house. I was given a Record of Employee Advisement - basically a written reprimand stating it was my fault.

My issue isn't whether or not I was at fault. Per PD, state motor vehicle law, and department SOPs I wasn't. The issue is that their reason I was at fault is completely fabricated. It's this lie that's in my permanent file. I don't want to sue them. I want them to reverse the ruling.

What I recommend you do is get copies of the drunk driver's arrest report and failure to yield cite, and copies of the relevant laws, to support your contention that you were not at fault in the accident. These you should keep for use in case you run into troubles later with the internal report's finding of fault.

Right now, the internal report is just that - internal. However, you can ask that the police arrest report showing the drunk was at fault in the accident be attached to the internal report finding.

 

[cbg]

You cannot force them to change the ruling. If it is their opinion that you were at fault, they are entitled to include that information in your record. Even if you do not agree. Even if the police report does not agree. Even if the insurance company does not agree.

In the unlikely event that you are sued two years after the fact, the employer's internal determination is not going to be binding on a judicial ruling of your liability. They will pay far more attention to the police and insurance reports than they will the employer's opinion.

 

[quincy]

You cannot force them to change the ruling. If it is their opinion that you were at fault, they are entitled to include that information in your record. Even if you do not agree. Even if the police report does not agree. Even if the insurance company does not agree.

In the unlikely event that you are sued two years after the fact, the employer's internal determination is not going to be binding on a judicial ruling of your liability. They will pay far more attention to the police and insurance reports than they will the employer's opinion.

He can't be sued successfully two years after-the-fact over this particular accident. There is a two year statute of limitations on accident claims in Texas and the accident in question occurred two years ago. If a suit has not already been filed by the drunk driver (which seems unlikely if the drunk was arrested and cited for causing the accident), a suit would now be time-barred.

hale1114 seems to be concerned mostly about what might happen in the future, if he is in another accident. The internal report is not likely to be available for use by any future plaintiff in any future accident suit should one occur, and it is also (apparently) not fact but opinion (based on department policy, perhaps, and not law) and this would have limited use in a court action anyway.

Whatever the case, because hale1114 is not concerned about taking any legal action, and he does not seem to be defending against any legal action, and instead he just wants to have the internal report changed, I do not see much for him to do but ask to have added to the internal report the police report. This doesn't change the report or the opinion of the review board but it would provide a more complete picture of the accident.

 

[cbg]

I think you and I are essentially on the same page, Q.; my thoughts on the employer's opinion of his fault and its effect on a judicial ruling of his liability hold just as true for a future accident as they do for the past one. I still maintain that the police report and insurance statements will hold far more weight than the opinion of his employer. I think you're there too.

But in any case, whether we are talking about the past accident or any hypothetical future ones, the fact still remains that no law exists that is going to force the employer to change, amend, reverse, or otherwise adapt their initial opinion.

 

[quincy]

I think you and I are essentially on the same page, Q.; my thoughts on the employer's opinion of his fault and its effect on a judicial ruling of his liability hold just as true for a future accident as they do for the past one. I still maintain that the police report and insurance statements will hold far more weight than the opinion of his employer. I think you're there too.

But in any case, whether we are talking about the past accident or any hypothetical future ones, the fact still remains that no law exists that is going to force the employer to change, amend, reverse, or otherwise adapt their initial opinion.

Yup. I agree that we have been agreeing.

I apparently have learned from you a thing or two about employment law over the years, which pleases me.

 

[CSO286]

I'm just not seeing the "false accusation". I worked EMS (granted, I was in an ambulance, not a fire truck) for several years, and we were often trained that in an accident, we most likely would be found at fault. We (fire/rescue staff) receive more training than the average Joe wrt to operating a vehicle at higher than posted speeds and our duty exceeds that of the average Joe to make sure that intersections are completely clear before proceeding through a red light.

That said, OP also stated the other driver was intoxicated. SOL aside (because I don't KNOW that info), an internal finding of fault may or may not be made publicly available, and while it may carry some weight in a civil suit (if one were to be filed), it would not be the determining factor.


Now, back to your "false accusation". You said:

At the internal accident review board they ruled that the accident was my fault and that I could've prevented it. In the final disposition - which is in my permanent record file - they falsely said that the accident occurred because I didn't check all lanes of traffic.

After myself and my officer checked and accounted for all lanes of traffic we proceeded through the intersection with due regard for safety. All warning devices were sounding. A drunk driver slowly pulled out in front of us.

Even so, it's the decision of your superiors that you didn't check, because [logic states] if you had good and clear visuals on all lanes of traffic, then you should have seen the SLOW MOVING vehicle coming toward said intersection. So in their minds, you either A) didn't check all lanes, or B) checked and decided to proceed thinking you'd beat the other car (and thereby NOT acting with due regard--which could have been far more detrimental to your career).

But I'm also in total agreement with Q and cbg.

 

[quincy]

I'm just not seeing the "false accusation". I worked EMS (granted, I was in an ambulance, not a fire truck) for several years, and we were often trained that in an accident, we most likely would be found at fault. We (fire/rescue staff) receive more training than the average Joe wrt to operating a vehicle at higher than posted speeds and our duty exceeds that of the average Joe to make sure that intersections are completely clear before proceeding through a red light.

That said, OP also stated the other driver was intoxicated. SOL aside (because I don't KNOW that info), an internal finding of fault may or may not be made publicly available, and while it may carry some weight in a civil suit (if one were to be filed), it would not be the determining factor. ...

... Even so, it's the decision of your superiors that you didn't check, because [logic states] if you had good and clear visuals on all lanes of traffic, then you should have seen the SLOW MOVING vehicle coming toward said intersection. So in their minds, you either A) didn't check all lanes, or B) checked and decided to proceed thinking you'd beat the other car (and thereby NOT acting with due regard--which could have been far more detrimental to your career).

But I'm also in total agreement with Q and cbg.

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 ).