Stine_Unit III Assignment_PLFFS

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1 Running Head: DRIVING SCENARIO EVALUATION Unit III Assignment: Driving Scenario Evaluation Amber Stine Columbia Southern University FIR 4301-18.02.02-3B24-S1, Political and Legal Foundations of Fire Protection Professor Scott Avery November 27, 2023

2 DRIVING SCENARIO EVALUATION Abstract: The following text is the scenario being evaluated in this report: “A teenage passenger was killed in a vehicle crash when a fire engine from your fire department was responding to a basic life support emergency medical call. The fire engine was using warning lights; however, the siren was not activated due to it being late at night. The engine struck the car at a four-way stop. There were no witnesses to state if the engine came to a stop and the company officer stated that he was looking down at the mobile data terminal (MDT) and did not notice if the apparatus fully stopped. Two years earlier, your fire department sponsored an emergency vehicle operator course (EVOC) for all fire departments in the region. The course was a five-part series consisting of a 100-hour driver training program providing firefighters with the special driving skills required to safely operate a vehicle under very demanding conditions. During the fourth EVOC track, a large working structure fire occurred involving a warehouse, and all the units in the class were returned to service to assist with the fire. Units missed the fourth module that emphasized emergency vehicle driving dynamics in both emergency and nonemergency situations. The instructor stated everyone had years of driving experience and felt that if they reviewed emergency vehicle rollover, vehicle dynamics, and physical forces independently, he would sign off on the class. During the investigation, criminal charges were not filed against the driver of the fire engine. The family’s attorney has filed a civil suit against your fire department and the driver under the premise that the driver of the fire engine was not properly certified to operate the vehicle and the officer should have had more control over the driver’s actions.”

3 DRIVING SCENARIO EVALUATION Unit III Assignment: Driving Scenario Evaluation According to the National Safety Council (2023), 198 people died in traffic accidents that involved emergency vehicles in 2021. According to the Indiana Department of Homeland Security (2007), an authorized emergency vehicle is identified as a vehicle in a police department vehicle, fire department vehicle, ambulance, or emergency vehicle operated by hospitals or healthcare organizations under IC 16-22-8. Emergency vehicle operations are hazardous and require proper training and organization policies to ensure that emergency vehicle operators are following the state and local driving laws to prevent unnecessary deaths. The purpose of this report is to provide an evaluation of the scenario above. This report will discuss who would be responsible for the driver’s negligence based on Standard Operating Procedures (SOPs) from the Fort Wayne Fire Department and the Indiana Code for Emergency Vehicle Operations. This report also will discuss if the driver was driving with due regard and if the firefighter had a duty to drive with due regard. This report will also discuss if the emergency vehicle operator should be held to a higher standard of care while driving versus the other civilian driver. Driver’s Negligence: Who is Responsible? In the scenario above, all department members attended an Emergency Vehicle Operation Course (EVOC) and missed part four of a five-part series due to a large structure fire that required all members to attend the EVOC course. The scenario stated that the EVOC instructor would sign off if the students reviewed specific material, as he knew all members were experienced drivers. Before determining negligence from the time of the incident, it is worth mentioning that the fourth lesson of the EVOC course should have been rescheduled, and the fifth lesson should have been pushed back to guarantee that all students received the proper

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4 DRIVING SCENARIO EVALUATION instruction and requirements of the EVOC course to certify. Some collision negligence could be put onto the training officer who did not complete the EVOC course with the students attending and the fire department for not verifying the entire course was taught to standard. According to the Indiana Department of Homeland Security (2007), IC 9-19-14-3 states: “Sec. 3. An authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the state police department. The siren may not be used except when the vehicle is operated as follows: (1) In response to an emergency call. (2) In the immediate pursuit of an actual or suspected violation of the law. In this case, the driver of the vehicle shall sound the vehicle's siren when reasonably necessary to warn pedestrians and other drivers of the vehicle's approach.” In the scenario above, the emergency vehicle driver was driving emergency to the scene with his lights on but not his siren. At the Indiana state level, the driver would not have been found negligent for how he operated the apparatus without sirens. However, according to the Fort Wayne Fire Department (2015), SOP 3-004 regarding driver/operator, “1.2. Emergency lights and sirens shall be activated during an emergency response.” In this scenario, the driver broke department policy, and the officer did not enforce the policy by ensuring the driver had his sirens on with his lights while responding to an emergency call. Due Regard In the provided scenario, the driver of the emergency vehicle had a duty to drive with due regard per Fort Wayne Fire Department (2015), SOP 3-0004 Driver/Operator, as well as Indiana Department of Homeland Security (2007), IC 9-21-1-8 which similarly state that when operating

5 DRIVING SCENARIO EVALUATION an emergency vehicle while driving lights and sirens, all operators must act with due regard. Although there were no witnesses to the incident that ended in the death of a teenager, the fact the driver did not have his sirens on would indicate that he was operating without due regard. According to Bennet (2017), governing bodies (cities, townships, etc.) should not be held accountable for emergency vehicle incidents unless the operator was found to be operating without due regard. As professionals, emergency vehicle operators should be held to a higher standard of care while driving as the public relies on first responders to get to them in an emergency, requiring specific driver-operator training. To be an effective driver/operator, all departments should consider certifying their drivers in the Emergency Vehicle Operations Course (EVOC) and Emergency Vehicle Operator to prove competency in driving and operating an emergency vehicle. References

6 DRIVING SCENARIO EVALUATION Bennett, L. T. (2017). Fire Service Law: Second Edition. Waveland Press. https://online.vitalsource.com/books/9781478634669 Fort Wayne Fire Department. (2015). SOP 3-0004 Driver/Operator [Dataset]. In Fort Wayne Fire Department Intranet. Indiana Department of Homeland Security. (2007). IC 9-13-2-6 Sec. 6. “Authorized emergency vehicle.” In https://www.in.gov/dhs/files/driving_laws.pdf . National Safety Council. (2023, April 25). Emergency vehicles - Injury Facts. Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/road-users/emergency-vehicles/

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