Legal/Liability Issues and
Safety Policies/Procedures
MOT Training for
Incident Responders in Florida
Module 2
Legal & Liability Issues
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Objectives
Provide incident responders with information
on tort liability and guidelines to protect
themselves from liability.
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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.
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Legal Action
Can legal action be taken
against a government agency?
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Who can be sued?
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Federal Government
State Government
County & City Governments
Contractors
Government Employees
Utility Companies
Individual Workers
Almost anyone
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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.
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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.
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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.
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Safety Policies & Procedures
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Florida Statutes
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316.061
316.072
316.126(1)(b)
316.1945
768.13
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Florida Statute 316.061
• Move 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 …
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Read Statute 316.061
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
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Read Statute 316.072
Florida Statute 316.126(1)(b)
• Move Over Act
• Operation of vehicles and actions of pedestrians
on approach of authorized emergency vehicle.
• The “Move Over Act” requires motorists to
approach cautiously when an emergency vehicle
is stopped ahead with its lights flashing.
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Read Statute 316.126
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.
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Read Statute 316.1945
Florida Statute 768.13
• Good 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.
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Read Statute 768.13
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
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Standards of Care
• Reasonable safety under the given circumstances
• Keep the roads reasonably safe for all motorists
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Source: TASC MOT Intermediate Level Training Course
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?
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Source: TASC MOT Intermediate Level Training Course
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.
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Open Road Policy
Open Road Policy
How can law enforcement officers
reduce crash investigation time?
Photogrammetry
• 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).
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Non-Cargo Spills Mitigation
• Vehicles fluid – non-cargo liquid materials that
are spilled from the vehicle
• Examples
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gasoline or diesel fuel
motor oil
coolants
transmission oil
break fluids
hydraulic fluids
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FL Vehicle Spill Guidelines
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 Material
Cargo Spill!
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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.
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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 it…
• Contain and limit the spill from spreading.
• Apply available absorbents.
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END
Question or Comments
Module 2