This week, the Wisconsin Supreme Court unanimously decided a test case on the level of responsibility and authority volunteer firefighters have when responding in their personal vehicles. This case may not have legal ramifications beyond the Wisconsin state line, but the ruling is significant to the entire volunteer firefighting community.
In short, the case involved a volunteer firefighter who was responding in his POV. He had emergency lights activated, but no siren. The firefighter stopped, went through a red light and collided with another vehicle.
The issue went to court because the civilians in the collision sued the firefighter and his fire department. The State Bar of Wisconsin reported that the issue before the Supreme Court and several lower courts before it was if the firefighter was protected by governmental immunity.
In the end, the high court decided the firefighter did not have immunity — largely because he did not use audible warning (siren) in addition to the visual warning. Here’s the full decision.
For us, this case raises more questions than how Wisconsin law is interpreted. It raises questions as to how much authority responding volunteers should have and how much responsibility they bear.
That a volunteer’s POV light is simply a courtesy request that motorist yield is law in many states, but a bad law. A large portion of this country depends on volunteer firefighters and their response time to the station is critical. Those vehicles should be granted the same legal authority as all other responding emergency vehicles.
We all know civilian motorists do not always practice good situational awareness. Countless are the times that motorists have ignored the giant flashing and wailing truck bearing down on them. Although they should be legally obligated to do so, expecting them to see a POV, even the most creatively wired one, is asking too much.
That’s where the laws of man and the laws of physics part company. Motorists often don’t yield for emergency vehicles. The Wisconsin volunteer, who came to a complete stop before going through the red, found this out.
Lawmakers can grant volunteers the legal rights afforded other emergency vehicles, and they should. But volunteers need to remember that the laws of physics — metal on metal — and the laws of human nature — distracted drivers — must trump whatever laws come down from the state capitol.
In an ideal world, motorists would be legally obligated to yield passage to all emergency vehicles, including volunteers’ POVs. And, responders would embrace their obligation to the laws of physics and human nature — then, response time and safety would improve.
But mine is certainly not the last word on this topic. The Wisconsin court decision sparked many thoughtful comments. Please read them and add to the conversation.
Be safe out there.