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Chief - I Have Just Been Charged in an Emergency Vehicle Accident
Monday, March 9, 2009
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In just one month those words were uttered three times, in three separate incidents and in three different states. Driver/Operators of fire apparatus are being charged criminally in an alarming number of cases.
In the first case, in the state of California a veteran firefighter pleaded not guilty on Tuesday September 12, 2006 in a criminal vehicular manslaughter case stemming from a fire apparatus crash that killed a 23 year old fellow firefighter on August 8, 2005, more than a year ago. In August of 2006 the Riverside county district attorney’s office charged 47 year old California Department of Forestry Operator with one count of misdemeanor vehicular man without gross negligence. The action followed a yearlong accident investigation.
A California highway Patrol accident report found hat the driver had been driving too fast for the rainy conditions, had not disengaged the auxiliary brake system and had failed to ensure that all firefighters on board the apparatus were wearing seat belts. The firefighter who was riding in the officer’s seat, died after the engine sailed more than 40 feet over an Interstate 10 embankment in Beaumont California.
Fire officials say this is the first time a fire apparatus driver has faced a vehicular manslaughter charge in the 101 year history of the California Department of Forestry, which contracts fire services throughout much of Riverside County. The Driver could face up to a year in prison if convicted.
In the state of Delaware a firefighter was charge in October, in a deadly accident that occurred in January 2006. The driver operator was indicted on one misdemeanor charge of operating a motor vehicle causing the death of another. The apparatus operator was responding to an automatic alarm and went through a stop sign. The 3000 gallon pumper tanker hit the civilian vehicle in the driver’s door, killing the 84 year old driver. The police said the apparatus operator slowed down at the intersection, but did not stop completely. According to Delaware law, a fire truck driver must come to a complete stop if the driver does not have a clear view of the intersection.
If convicted, the fire apparatus operator could face a minimum fine of $1,150.00 and up to 30 months in state prison.
Finally in Ohio a quint responding to a car fire drove through a red light at 58 mph, 23 miles per hour over the posted speed limit and struck a car killing the 73 year old civilian driver. The accident occurred on August 2, 2006 and the apparatus operator was charged, with his first court appearance October 4, 2006. Officials said that a sound activated device that was supposed to trip the traffic light at the intersection to make the light green for the fire truck malfunctioned, failing to stop other traffic.
The apparatus operator has been charged with one count of vehicular manslaughter, a second degree misdemeanor; and one count of failing to exercise due care when operating a public safety vehicle at a stop signal, a fourth degree misdemeanor. Police said the law requires public safety vehicle operators proceeding past a red signal to operate with due regard for the safety of all persons using the street. If convicted, the apparatus operator faces up to 90 days in jail and a $750 fine on the vehicular manslaughter charge and up to 30 days in jail and $250 in fines on the second charge.
I have always believed that 30 years ago you could run over the mayor’s daughter in any town USA and nobody would care much except the mayor if he happened to like his daughter. Today that is just not the case. Times have changed and there are no more free passes. The idea of a firefighter causing the death of another person, in a driving accident and going to court saying that I am a firefighter and I did not mean to do it, I am a good guy, please let me go, simply will not work any more. Many have written extensively about the start of a cultural change in the fire service. For years it has been lights, sirens, drive fast and take chances. THIS BEHAVIOR IS UNACCEPTABLE! IT OVER, IT HAS GOT TO BE OVER. It is unacceptable to try to beat other responding units into the alarm location under the misrepresentation, to the public and ourselves that we are providing good fire protection. There is no way that anybody in this business can justify killing another human being going to a bell ringing (automatic alarm), a car fire or a structural fire even with people jumping out the windows. The rules are clear you must come to a complete stop at all red lights and stop signs period. The ends do not justify the means. You do not do anyone any good if you do not get there. YOU MUST HEED THIS WARNING!! Why? For if you do not you to could be calling the chief to say “Chief I have just been charged in an Emergency Vehicle Accident. You to could end up in jail and nobody wants that not the public, not the fire department, especially not your family.