Emergency Vehicles: Case Law and Legal Impacts

Case Law and Legal Impacts

• Case law influences how officers operate emergency vehicles, with repercussions for failing to follow legal precedents.

Bisco V Arlington (07/1984)

• This landmark case established 3rd Party Liability for police officers and police agencies involved in pursuits.
• Arlington County, Virginia was liable for injuries to an innocent bystander due to a negligent high-speed police pursuit of a suspected bank robber.
• The innocent bystander was awarded $5 million after losing both legs when struck by a police car that violated department policies and the officer was not properly trained.

Canton v. Harris (02/1989)

• The case decision dealt with an agency’s deliberate indifference to training issues.
• Geraldine Harris was denied medical attention after a traffic arrest, leading to a lawsuit against the city of Canton.
• The U.S. Supreme Court ruled that a municipality may be liable if city personnel are deliberately indifferent to constitutional rights and where 'failure to train' reflects a conscious choice or policy by a municipality.

Brower v. Inyo (03/1989)

• A person driving on Highway 395 was pursued by an Inyo County Deputy Sheriff
• Deputy Sheriff set up a roadblock with a tractor-trailer across the highway, resulting in the person crashing into it and dying.
• The Supreme Court reversed the decision, holding that the roadblock did constitute a seizure.
• The use of physical barrier roadblocks could constitute a 4th amendment seizure where the governmental body initiates a physical barrier through means intentionally applied.

Sacramento v. Lewis (05/1998)

• A Sheriff’s Deputy pursued a motorcycle at high speeds in a residential neighborhood, resulting in the death of a passenger when the patrol car skidded into him.
• The Court ruled that the 4th amendment’s reasonableness standards prevented its illegal seizure protections from applying to high-speed chases.
• The Supreme Court said only an intention by the officer to cause harm unrelated to the legitimate apprehension of the suspect could lead the court to view the officer’s conduct as being “shocking to the conscience”.

Scott v. Harris (04/2007)

• A police officer ended a high-speed chase by hitting the bumper of a fleeing vehicle, causing a crash that left the driver a quadriplegic.
• The U.S. Supreme Court ruled that the officer’s actions were reasonable under the 4th amendment.
• It is reasonable for a police officer to use deadly force to prevent harm to innocent bystanders, even to the point of putting the fleeing motorist at serious risk of injury or death.

Plumhoff v. Rickard (05/2014)

• Police officers fired shots into a vehicle during a high-speed chase, killing the driver and a passenger.
• The families of the deceased sued, arguing excessive force and violation of the Fourth Amendment.
• The Supreme Court held that the use of deadly force was not unreasonable given the threat to public safety and the officers were entitled to qualified immunity because they did not violate any clearly established law.
• If officers are justified in opening fire to end a threat to public safety, they are similarly justified in continuing to fire until the threat to public safety has ended.

NRS Elements

• There are laws within the NRS that affect how officers operate their patrol vehicles.

NRS 484B.550

• Drivers must stop when signaled by a peace officer in a readily identifiable vehicle using flashing red lamp and siren, otherwise they are guilty of a misdemeanor.
• If the driver's failure to stop causes property damage or endangers others, they are guilty of a category B felony.
• If the driver's failure to stop results in death or bodily harm, they are guilty of a category B felony with increased penalties.
• This section of NRS is often term as “eluding”
• A signal includes a red flashing light and siren.

NRS 484B.700

• Drivers of authorized emergency vehicles have certain privileges when responding to an emergency, pursuing a violator, or responding to a fire alarm.
• This includes proceeding past red lights or stop signs after slowing down, exceeding speed limits (except funeral processions), and disregarding traffic regulations.
• These privileges apply only when using audible and visual signals or visual signals as required by law.
• This NRS deals with some of the exemptions that officers have when driving their police vehicles.
• Officers must drive with due regard for safety and are not protected from consequences of reckless disregard for others' safety.

NRS 484B.267

• Upon the approach of an authorized emergency vehicle using flashing lights, other drivers must yield the right-of-way and move to the right edge of the highway, stopping until the emergency vehicle has passed.
• The public does not always do what they are supposed to do so it is the responsibility of the driver to drive safely and appropriate when responding code 3(lights and sirens activated).

The Way One Drives and Influences

• Law enforcement officers are held to a high standard and expected to make perfect decisions, but they are still human and can make mistakes.

Attitude

• Three attitudes that contribute to poor driving habits are ego, overconfidence, and unwillingness to change false ideas.
• Ego can lead officers to believe they can handle anything, ignoring their limitations.
• Overconfidence is when someone has more confidence than they should have based on the situation and they misjudge their ability or opinion.

Distraction

• Distracted driving is any activity that diverts attention from driving, such as texting, eating, or using electronic devices.
• Texting is alarming because it takes your eyes off the road for about 5 seconds and at 55 mph, that's like driving the length of an entire football field with your eyes closed.

Environmental Conditions

• Environmental conditions can drastically change weather and affect patrol vehicles.
• As environmental conditions worsen officers need to slow down and increase reaction time.

Vehicle Condition

• Support personnel maintain patrol vehicles, but drivers must report malfunctions or worn components.

Most Important Elements of a Vehicle

Tires

• Tires enhance puncture resistance and are vital for law enforcement driving.
• Check for sidewall cuts, which can lead to blowouts and loss of vehicle control.
• A new tire has less traction potential until broken in.

Brakes

• Obvious signs of brake issues are the brake dashboard light appearing on the car's dashboard or the feeling that your vehicle is taking longer to stop than it should.

Wear Bars

• Tread depth is measured in 32nds of an inch.
• If a tire's tread is worn down to 2/32″, it could put you in a dangerous situation and must be replaced immediately.
• 2/32″ is the legal minimum tread depth in most states and any tires worn more than that are illegal.
• When the depth of the water exceeds the depth of the tread, hydroplaning will occur.

Tire Pressure

• Properly inflated tires appear slightly under inflated due to bulging sidewalls.
• Under inflated tires is a significant problem
• Use a tire pressure gauge to check tire pressure accurately.
• Maintain "cold" tire pressure according to specifications.
• Under inflation can cause belt separation and blowouts.
• Improperly inflated tires cause premature tread wear and poor steering response.
• Proper tire pressure increases tread life and vehicle maneuverability.
• For vehicles driven extensively at speeds above 45 MPH, we recommend an increase of 6-7.5 psi over the vehicle manufacturer’s recommended cold tire pressure
• The pressure in tires filled with air will change approximately one psi for every ten degrees in air temperature or the temperature in the tire, and most tires will lose approximately one psi per month (for every temperature rise of 10 degrees, the tire will gain 1 psi; temperature drops 10 degrees, the tire will lose 1 psi).

Common Tire Problems

Under Inflation

• Under inflation is the most common tire problem
• An under inflated tire can't maintain its shape and becomes flatter than intended while in contact with the road.
• If a vehicle’s tires are underinflated by only 6 psi it could lead to tire failure.
• Lower inflation pressure will allow the tire to deflect (bend) more as it rolls.

Over Inflation

• Over inflation an overinflated tire is stiff and unyielding and the size of its footprint in contact with the road is reduced.
• Higher inflated tires cannot isolate road irregularities well, causing them to ride harsher. However, higher inflation pressures usually provide an improvement in steering response and cornering stability up to a point.

Age

• Tires have a realization that tires are perishable, as well as a growing awareness that some tires will actually age out before their treads will wear out.
• Most street tires have a useful life in service of between six to ten years.

Wear

• Irregular tread wear may occur for a variety of reasons that may lead you to have to replace a tire sooner rather than later.
• Too little tire tread can create unsafe driving conditions creating a loss of control of his or her vehicle.
• This is very important. You will see wear on the inside or outside of the tire.
• You will see wear spots randomly around the tire and This condition reduces traction and hampers the ability to turn and brake

Condition

• Stone Bruising: This can occur from striking a rock, a curb, or pothole, etc. The cords in the sidewall of the tire have been damaged and some air has escaped. This has a very high likelihood of a tire blowout
• Undulations: Where the inches overlap the sidewalls can withstand a much higher air pressure and You will see waves in the sidewall.
• Cuts on the sidewall of the tire: They are very common, ensure the cord has not been damaged or exposed.

Rolling Friction

• Rolling Frictionis the Centripetal Force necessary to pull the car around the corner.
• If we give up the rolling friction by locking the wheels or, by going faster than the tires can generate a turn force, or by jerking the steering wheel, the car will come under the influence of the first law of motion.

Brake Fade

• Brake fade is a term used to describe the temporary reduction or complete loss of braking power of a vehicle’s braking system.
• Brake fade is caused by overheating of the brake pad.
• Braking performance usually returns once the brakes have cooled down.

Common Cause of Accidents

• Distractions
• Misuse of Brakes and Steering

Distractions

• Officers are watching the flow of traffic, looking for traffic infractions, crimes in progress, and suspicious circumstance or individuals and are also monitoring the radio and in car computer as well as responding to calls. Due to this they often suffer accidents.

Misuse of Brakes and Steering

• Misuse of steering and misuse of brakes are causes of accidents.
• Any change in the distribution of weight will have an effect upon the handling of the vehicle.
• Any application of gas or brake will shift the weight of the vehicle from the front to the rear, or from the rear to the front.
• Any application of steering will shift the weight side to side and slightly forward.
• The need for this sudden input is usually surprise, the failure of the driver to anticipate changes in the driving environment.

Smith’s Professional Driving System

Aim High in Steering

• Create a 15 second Eye Lead Time (ELT) – This allows you to see ahead and helps you identify the safest lane of travel.
• Being surprised can result in a sudden abrupt input of gas, brakes, or steering, which can result in a serious control problem.
• Look at the center of the lane 15 seconds ahead and you will drive in the center of your lane.
• Serious control problems come from being surprised, which stems from not looking far enough ahead.

Get the Big Picture

• You should be able to see what is in front of and around you, and how your driving scene continually changes.
• When driving in a city, you see building-to-building wide and Always look one block ahead (fifteen seconds ahead of your vehicle), look at parking lots and intersections for potential drivers/pedestrians to pull in front of you.
• Establish a minimum of 4 seconds following distance.

Keep your Eyes Moving

• You should avoid looking at any one object for an extended period of time.
• Check your mirrors every 5-8 seconds.

Central Vision

• Provides sharp, in focus, pictures. This is about 3% of what we see

Peripheral Vision (Fringe Vision)

• Alerts us of movement or color change from the sides

Leave Yourself an Out

• Always leave yourself an out by creating a space cushion.
• Look for a safe space cushion.
• By including an additional space cushion, you leave yourself an escape path.

Make Sure They See You

• Establish eye contact with other drivers, pedestrians, and cyclists.
• Lights – Use your headlights ½ hour before sunset to ½ hour after sunrise or whenever it is raining or snowing (or decreased visibility).

Axis of Motion

Pitch

• Rotation around this axis is called Pitch
• Only axis that can act independently of the other two which is Pitch

Yaw

• Rotation around this axis is called Yaw

Roll

• Rotation around this axis is called Roll

Vehicle Stability

• Acceleration causes weight to go to the rear axle
• Braking or deceleration causes weight to transfer to the front axle Turning right transfers weight to the left and turning left transfers weight to the right.

Oversteer

• The rear of the vehicle taking a wider path around the corner than you wish to go
• Ease off the accelerator to regain rolling traction.
• Ease off the brake and ease on the gas to shift weight to the rear to help regain rolling traction and balance the two forces.

Understeer

• The front of the car takes a wider path around the corner then you wish to go.
• The difference between where the tires are pointed and the direction the car is going is called the slip angle.
• Maximum efficient slip angle you can achieve, is 19-21 degrees.
• To regain control of an under steering skid, first of all, straighten the wheels to regain rolling traction and reduce the slip angle, then steer back into the corner.
• reduce the drive force

Driving Line

Safety Line

• Outside-Outside-Inside

Racing Line

• Outside-Inside-Outside

Cornering Principle

• Outside-Outside-Inside cornering line

Course Apex

• Course apex is the closest inside usable portion of the roadway.

Efficient Braking

• Straight line braking is the most efficient.
• As you apply the brakes in a straight line you have the most contact between the rubber of the tire and road surface.

Slack Pursuit

• Slack pursuit should be the very first choice of actual tactics applied during a pursuit.
• Slack pursuit is simply “slacking back” or opening a greater following distance with the fleeing vehicle by easing off of the accelerator.

Physiological Effects

• An officer’s worst enemy in a code three run or pursuit is an adrenaline overload.
• Tunnel vision and/or target fixation can set in.
• Fine and complex motor skills diminish
• Short-term memory can be severely hindered
• Breathe in through your nose for a count of four; hold your breath for a count of four; exhale through your mouth for a count of four; hold your breath for a count of four, and then restart the cycle.

Your Abilities

• We want to reinforce driving 70% of their limit leaving a margin for error in case the vehicle fails or there is a change in the driving environment.

Pursuit Position

• As the officer begins to a pursuit, the officer should position the patrol vehicle into a position of advantage.

Pursuit Management

• First look at department policies and procedures for guidelines on initiating, continuing, and terminating a pursuit
• Classify the violator by risk, Non-Hazardous and Hazardous. -Non-Hazardous violators are those who have committed a traffic infraction, equipment violation or some other low level, low threat driving error. -Hazardous violators are those whose very activity is more extreme from the on-set. This suspect may have been observed committing a reckless driving act, is a known felon, was just involved in a serious felony crime, or other incident.

Terminating Pursuit

• Officers must rely on what is known to be true not what they think might be true. An individual observed for a traffic violation is involved in something more serious because they are fleeing.

Road Hazards

Reading the Road

• Concrete is a supportive surface but is less adherent and more conducive to hydroplaning if wet.
• Asphalt is a distributive surface and not conducive to good traction when new.
• The lighter the driving surface is in color, the better your traction will be.

Night Driving Adjustments

• Make mental adjustments for night driving and slow down.
• Scan from side to side.

Adverse Conditions

• Increase following distances: six seconds for wet pavement, nine seconds for gravel/snow/ice.

Road Hazards

• Driver should attempt to visually locate the object in plenty of time to slow down and maneuver safely around the hazard.
• Use weight transfer to minimize damage and maintain control.

Hydroplaning

• Hydroplaning can occur whenever the depth of the water exceeds the tire tread depth.

Recovery Techniques

• Counter steer (if necessary) to keep the vehicle on the roadway; and gently accelerate slightly to shift weight to the rear.
• Allow the vehicle to gradually slow and safely stop.

Explore the influence of case law on emergency vehicle operation. Landmark cases like Bisco V Arlington establish third-party liability in police pursuits. Canton v. Harris highlights agency responsibility in training and medical attention.