In Jefferson Parish, emergency vehicles do not have to follow posted speed limits when responding to an emergency. Sec. 36-52. For instance, a fire truck responding to a fire can disregard the speed limit as long as its lights and sirens are activated.
However, the exemption is limited. Sec. 36-52 states in part:
This exemption shall not protect the driver, owner or operator of any such vehicle from the consequences of a reckless disregard of the safety of others.
Thus, if an emergency vehicle’s driver causes an accident while responding to an emergency and is deemed to have driven recklessly, the driver and her employer will not be immune from being sued for negligence. See La. R.S. 32:24(D). Furthermore, La. R.S. 32:24(B)(3) also exempts emergency vehicles from obeying the speed limit while in pursuit of an emergency but “only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach. . .” La. R.S. 32:24(C).
An example of driving recklessly would be if an emergency vehicle caused an accident by (1) disregarding a red light, (2) speeding through an intersection, and, (3) failing to slow when proceeding through the intersection. Support for this conclusion lies in La. 32:24(B)(2), which requires an emergency vehicle to slow or stop when proceeding through an intersection with a red light to make sure it is safe.
Section 36-52 governs all cities and towns in Jefferson Parish including, Avondale, Barataria, Bridge City, Crown Point, Grand Isle, Gretna, Harvey, Harahan, Jefferson, Kenner, Lafitte, Marrero, Metairie, New Orleans (70121, 70123), Nine Mile Point, River Ridge, Terrytown, Village of Jean Lafitte, Waggaman, and Westwego. La. R.S. 32:24 is a state statute and governs all emergency vehicles in Louisiana.
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