Who’s at Fault If a Fire Truck Hits You While Responding to an Emergency?
Tempe drivers are taught to pull over when emergency vehicles approach with sirens blaring—but sometimes even when you do everything right, disaster strikes. Getting hit by a fire truck responding to an emergency is rare, but when it happens, the aftermath can be confusing, painful, and financially overwhelming.
Unlike typical fender benders or intersection crashes, collisions involving emergency vehicles bring a whole new set of rules and legal complexities. You may be wondering: Can you sue the fire department? Who pays for the damage? What if you didn’t even see the truck coming?
This guide from a trusted Tempe-based car accident information hub walks you through liability, fault, and what steps to take if you're injured in this kind of crash.
Emergency Vehicles Have Special Rights—But Not Unlimited Ones
Under Arizona law, fire trucks (like ambulances and police cars) are allowed to break certain traffic rules when responding to emergencies. That includes:
Running red lights or stop signs
Exceeding posted speed limits
Driving in the wrong lane or through intersections
However, this doesn’t mean they can drive recklessly. Even during emergencies, operators of fire trucks must exercise “due regard for the safety of all persons.” If they fail to do so, and you’re hurt as a result, they—or the city—may still be found liable.
Common Scenarios Where Fire Truck Collisions Occur
A fire engine speeds through an intersection and strikes a car legally in the crosswalk
A truck makes a blind turn in a residential area like Meyer Park, clipping a parked vehicle
A driver panics and swerves to avoid the truck, causing a rollover accident
The truck loses control while maneuvering around congested streets in Downtown Tempe
A pedestrian is hit while crossing despite not hearing the sirens
Each situation is fact-specific and requires careful analysis of the driver's behavior, the visibility conditions, and the response urgency.
Arizona's Governmental Immunity Laws
Fire departments are often run by local governments. That means if you’re seeking compensation, you’ll likely be filing a claim against the City of Tempe or a public fire district.
Arizona’s governmental immunity statute (A.R.S. § 12-820.02) protects public entities and employees from liability in many emergency response cases—but not all.
Exceptions include:
Gross negligence: If the firefighter’s actions were egregiously unsafe
Failure to use sirens or lights: Emergency status may not apply without warnings
Violation of departmental policy: If the crash occurred due to policy breaches
Non-emergency driving: If the vehicle was not actively responding to a call
Determining Fault in a Fire Truck Crash
Fault will depend on several key questions:
Was the fire truck responding to an emergency?
Were sirens and lights used properly?
Did the fire truck driver follow department safety protocols?
Were you violating traffic laws (e.g., failure to yield)?
Are there third-party contributors (e.g., other drivers or poor signage)?
If you were in a lawful position—like yielding or waiting at a red light—and the fire truck hit you, the fire department may share liability.
Learn more about these complex fault scenarios in our guide to suing public employees after a crash.
How These Cases Differ from Regular Car Accidents
Shorter deadlines: You must file a Notice of Claim within 180 days of the crash
Special procedures: The claim must include a specific compensation amount and factual basis
Higher burden of proof: You may need to show gross negligence, not just simple fault
Limited damages: Certain claims may be capped or barred entirely under Arizona law
Failure to meet these strict deadlines—explained further in our legal resources—can eliminate your right to recover, even in serious injury cases.
What If You’re Partially at Fault?
Arizona follows a pure comparative fault rule. That means even if you were partially responsible for the crash (say, by failing to yield quickly enough), you can still recover damages. However, your compensation would be reduced by your percentage of fault.
This becomes especially relevant in areas like North Tempe, where complex intersections and lane merges can increase driver confusion.
Injuries Often Seen in Fire Truck Collisions
Because fire trucks are large, heavy, and built for power—not agility—they cause substantial damage in a crash. Victims often suffer:
Traumatic brain injuries from head trauma
Spinal cord injuries and even paralysis
Crush injuries from multi-vehicle collisions
Burns or smoke exposure if there was an active fire at the scene
Emotional trauma and PTSD, especially for children in the vehicle
These are not minor fender-bender injuries. The damage can alter your life.
What Damages Can You Pursue?
If you’re able to bring a claim, you may recover:
Medical expenses
Rehabilitation and physical therapy
Lost wages or reduced earning potential
Pain and suffering
Property damage to your vehicle
Long-term care needs, in severe injury cases
Similar rules apply if you were hit as a pedestrian or cyclist, or if your parked car was struck.
What If the Crash Happened in a Parking Lot?
Fire truck collisions don’t just happen in intersections. Many occur in commercial or residential parking lots, especially when trucks attempt to navigate tight spaces during non-fire emergencies.
Whether or not the vehicle was on an active emergency call can heavily affect liability. If it was not an active emergency, the department may have no immunity protection at all.
Steps to Take After a Fire Truck Crash
Call 911 – Even if it seems ironic, another unit will usually respond.
Take photos of the damage, injuries, and vehicle positions.
Request the report number from the responding supervisor.
Note the fire engine number and department name.
Seek medical attention, even if injuries appear minor.
Request public records related to the incident, such as call logs or GPS data.
These documents can be crucial in building a case against a government entity.
Final Thoughts
A collision with a fire truck responding to an emergency is one of the most jarring—and legally complex—types of car accidents in Tempe. You’re not only dealing with physical trauma, but also an uphill battle against government immunity protections and tight filing deadlines.
The fire department may be protected under Arizona law—but not in all cases. If protocol wasn’t followed or reckless driving was involved, you may still have a valid path to compensation.
To explore your options after a government-related crash, visit our Tempe car accident legal help page or review similar cases involving municipal vehicles.
