Module 2

Legal/Liability Issues and Safety Policies/Procedures

MOT Training for Incident Responders in

Florida

Module 2

Legal & Liability Issues

Module 2

Objectives

Provide incident responders with information on tort liability and guidelines to protect themselves from liability.

Module 2

Incident Responder Duties

• Perform your duties as safely as possible.

• Minimize the chance or probability of injury to your fellow man.

• Maintain and provide our roadways in a safe condition.

• Shield motorists from undue hazards.

• Return to your home safely every night.

Module 2

Legal Action

Can legal action be taken against a government agency?

Module 2

Who can be sued?

• Federal Government• State Government• County & City Governments• Contractors• Government Employees• Utility Companies• Individual Workers• Almost anyone

Module 2

Tort Liability

Government agencies, contracting individuals who are engaged in working on our streets and interstate highways, are subject to legal action under the law of Tort Liability.

Module 2

Elements Necessary for Every Tort Action

• Defendant must have a duty to perform.• Defendant must have failed to

responsibly perform his/her duty.• Defendant’s failure (negligence) was

directly responsible for the injury or damage.

• Plaintiff was not guilty of contributing to the cause of the incident.

• Plaintiff incurred damages resulting from the incident.

Module 2

How to Protect Yourselves

• Properly install traffic controls at incident sites.

• Properly use emergency warning lights and arrow boards.

• Perform your duties in accordance with the techniques learned through the training course and on-the-job training.

• Perform your duties as a professional.

Module 2

Safety Policies & Procedures

Module 2

Florida Statutes

• 316.061• 316.072• 316.126(1)(b) • 316.1945• 768.13

Module 2

Florida Statute 316.061

• Move It – It’s the LawMove It – It’s the Law

• Crashes involving damage to vehicle or property

• If a damaged vehicle is obstructing traffic– the driver of such vehicle must make every

reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

• Employees or authorized agents– may undertake the removal from the main traveled

way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash …

Read Statute 316.061

Module 2

Florida Statute 316.072

• Obedience to and effect of traffic laws• The driver of an authorized emergency

vehicle, except when otherwise directed by a police officer, may:– Park or stand, irrespective of any provision

– Pass a red signal or stop sign, only after slowing down as may be necessary for safe operation

– Exceed the maximum speed limits and disregard direction or movement or turning in specified location, as the driver does not endanger life or property

Read Statute 316.072

Module 2

Florida Statute 316.126(1)(b)

• Move Over ActMove Over Act

• Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.

• The “Move Over Act”“Move Over Act” requires motorists to approach cautiously when an emergency vehicle is stopped ahead with its lights flashing.

Read Statute 316.126

Module 2

Florida Statute 316.1945

• Stopping, standing, or parking prohibited in specified places

• A vehicle may not be parked in excess of 6 hours on the roadway or shoulder of a limited access facility– This provision is not applicable to a person

stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.

Read Statute 316.1945

Module 2

Florida Statute 768.13

• Good Samaritan ActGood Samaritan Act - immunity from civil liability

• Any person who gratuitously and in good faith renders emergency care or treatment shall not be held liable for any civil damages.

Read Statute 768.13

Module 2

Good Samaritan Act

How many of you have worked as a “good Samaritan” providing help to victims when you are out off duty?

• Keep witnesses at the incident scene

• Provide help according to your capabilities

Module 2

Standards of Care

• Reasonable safety under the given circumstances

• Keep the roads reasonably safe for all motorists

Source: TASC MOT Intermediate Level Training Course

Module 2

Standards of Care (cont.)

• Where a hazardous condition exists that can be removed, the reasonableness of the risk of harm is measured by the following factors:

– Did, in fact, a potentially dangerous defect exist?

– Was the defect the proximate cause of the crash?

– Did the defendant have actual or constructive knowledge of hazardous condition?

– Was there any contributing negligence on the part of the plaintiff?

Source: TASC MOT Intermediate Level Training Course

Module 2

Open Road Policy

Quick Clearance for Safety and Mobility

• Encourage all agencies (incident responders) to work together to quickly restore the traffic flow to its normal condition.

• … all incidents be cleared from the travel lane within 90 minutes of the arrival of the first responding officer.

Open Road Policy

Module 2

• Allows pictures quickly taken at a crash scene, then recreates crash settings later in office for detailed analysis.

• Significantly reduces crash investigation time on marking crash scene, collecting evidence, and analyzing.

• Allows roads to reopen faster to reduce delay and potential secondary crashes (reduce chances of lawsuits).

Photogrammetry

Open Road Policy

How can law enforcement officers reduce crash investigation time?

Module 2

Non-Cargo Spills Mitigation

• Vehicles fluid – non-cargo liquid materials that are spilled from the vehicle

• Examples– gasoline or diesel fuel– motor oil– coolants– transmission oil– break fluids– hydraulic fluids

FL Vehicle Spill Guidelines

Module 2

Non-Cargo Spills Mitigation

• Apply only to spilled motor vehicle fluids from private and commercial vehicles used for the operation of the vehicle.

• This does not cover Hazardous Hazardous MaterialMaterial Cargo Spill!Cargo Spill!

Module 2

Non-Cargo Spills Mitigation

• Prompt intervention would reduce congestion impact and secondary incidents as a result of extended traffic blockages.

• Responders should have completed the “Awareness” level of Hazardous Material Training.

Module 2

Quick Action Guide

• Identify spill as a vehicle fluid.

• Stop the leaking material at the source.

If you don’t know what it is, leave If you don’t know what it is, leave it…it…

• Contain and limit the spill from spreading.

• Apply available absorbents.

Module 2

END

Question or Comments