Can you be held accountable for an injury resulting from removing an individual from a car wreck?

Question

I helped an individual out of a car wreck. She was 9 years old and the car was in half after flipping over 7 times.....and yet the lawyer says he thinks she got a scar on her arm from being removed from the car (SHOULD I HAVE LEFT A SCREAMING CHILD INSIDE A SMOKING CAR???)

now im going to court as a whitness to the accident. I am petrified that they will take me to court later for what i thought was helping someone ....i was 19 at the time of the accident.

can i legally be held accountable for an injury that MAY have happened at any time durring the collision, rolling, spinning, slamming into walls, slamming into cars, and landing on the roof....or from me ripping of the door panels with no tools to remove a little kid who kept screaming "please help me".....

Answer 1

Technically, you can be sued for anything, valid or not. Legally, I think there's not a jury in the land that would hold you accountable.

Answer 2

Only a licensed attorney from your community can answer this question for you definitely.

In general, you would have a couple of things going for you. Some states have what are called "Good Samaritan" laws that protect people who try reasonably to help others from liability resulting from their efforts. Not all states have those laws, though. An attorney could tell you whether yours does. If so, it seems that you would clearly qualify for its protection and would be ok.

Even if there is no "Good Samaritan" law in your community, you should still have the general defense of necessity. That is, if you did any damage, it was only because you reasonably believed that even greater damage would happen if you failed to act. The law wisely values life, and almost any other damage or injury will usually be considered worthwhile for the sake of a life saved.

In fact, though, I would think it unlikely that anyone would try to bring the suit. For one thing, they would have to prove that you were negligent when removing the child, which would be tough, considering the extremity of the circumstances. For another thing, they would have to prove that you, not any other source, were the cause of the injury AND the cause of the scar; there seem to be plenty of other candidates for causing the injury, and scars often develop or worsen due to poor care by doctors or by the injured person herself, not something in your control.

You probably have no reason to be concerned if your involvement is limited to the rescue and the injury that allegedly resulted from it. Even if you were sued, you would have some good facts and law on your side. Don't worry about it too much, don't take any grief from that jerk lawyer, and get yourself a locally licensed attorney if you actually wind up getting sued.

Answer 3

Former police officer/current attorney...

It depends on your state. Some states, including mine, Indiana, have statutes that protect good samaritans for helping in situations such as yours. However, the protection may terminate if your actions were "negligent".

I would be wary about the Court hearing. What exactly is the hearing for? Is it a deposition (where they ask witnesses questions under oath for use in future actions)? They may be on a "fishing expedition" (trying to find someone to blame). If you have doubts talk to a local attorney, they should be able to tell you what laws your state has, if any, to protect you for helping in an emergency. They should also be able to tell you what type of hearing your going to.

But then again, if the car flipped seven times, and you saw it, they probably only want you as a witness...if they are coming after you then get a good attorney. They can make a very compelling argument that the injury was from being flipped seven times...not from being removed by a good samaritan...

Good luck, and stay calm...

Answer 4

Check with your local bar association. They often have free legal help lines for questions like this.

I am no lawyer, but I believe there is a well-known good samaritan law that says if you are trying to help and making an honest effort to help not hurt, then you are free and clear.

We had a class about this at work not too long ago. I think there they said that the person can refuse help, but that is hard to prove.

If I were on the jury, I'd find in your favor.

WAIT A SECOND, THOUGH? Were you the one who cause the car wreck? All bets are off if "yes"

Answer 5

Most states' Good Samaritan Laws require that you ask if they want your help, state your training, state what you are going to do, and do not exceed you training. The two things they mainly look at is asking if they want help (which she was already requesting so you are safe there) and do not exceed your training (which I assume since you didn't use the jaws of life in your care you are safe there as well). Assuming the lawyer filed within most states two year statute of limitations, point out that you are 21 and don't have any money. They generally try to sue everyone until they find someone willing to pay. Remember the old phrase "no good deed goes unpunished". Thank God for people like you willing to help others!

Answer 6

Does your state have good samaritan law? Many do and protects people trying to help at accident scene. If you are not named in the suit, as a defendant nothing to worry about. Maybe the lawyer was trying to scare you into testifying in a way he wanted you too. If this was the insurance companies lawyer he was just trying to say injury could have happened some other way so shouldn't make insurance company pay.

Answer 7

I believe you can be legally responsible however I would have done the same thing. You may have saved her life. In these times everyone is sue crazy. They all want something for nothing and will do whatever they can to get it. You are truly a good person. Just hang in there, tell the truth and if need be get an attorney but never let this experience cause you not to help another in need. It will come back to you for the good. Take Care God Bless.

Answer 8

in uncomplicated phrases a qualified lawyer out of your community can answer this question for you absolutely. often, you would have some issues going for you. some states have what are observed as "good Samaritan" regulations that look after those who attempt extremely to assist others from criminal responsibility brought about by their efforts. no longer all states have those regulations, besides the undeniable fact that. An lawyer might want to inform you even if yours does. if so, it style of feels that you would obviously qualify for its protection and could be ok. even if if there is not any "good Samaritan" regulation on your community, you need to nevertheless have the overall protection of necessity. that's, in case you probably did any damage, it become in uncomplicated phrases because you extremely believed that even more advantageous damage would ensue in case you probably did not act. The regulation properly values existence, and only about the different damage or damage will regularly be seen priceless for the sake of a existence saved. really, besides the undeniable fact that, i'd imagine it not likely that any one would attempt to deliver the healthful. For one component, they'd ought to instruct that you've been negligent at the same time as eliminating the baby, which may be demanding, thinking the extremity of the circumstances. for yet another component, they'd ought to instruct that you, no longer the different source, were the reason behind the damage AND the reason behind the scar; there look a good number of alternative applicants for causing the damage, and scars usually strengthen or worsen using adverse care through docs or through the injured individual herself, no longer something on your administration. at the same time as you've not got any reason to be worried in case your involvement is constrained to the rescue and the damage that allegedly resulted from it. even if in case you've been sued, you would have some good info and regulation on your section. do not difficulty about it too a lot, do not take any grief from that jerk lawyer, and get your self a regionally approved lawyer in case you easily wind up getting sued.

Answer 9

mtf is correct. If you are in good intention helping someone, you are not liable for injuries.

Good Samaritan doctrine - Black's Law 7th edition: 'A statute that exempts from liability a person (such as an off-duty physician) who voluntraily renders aid to another in imminent danger but negligently causes injury while rendering the aid. Some form of good-samaritan legislation has been enacted in all 50 states and the District of Columbia.'

Answer 10

If the events are as you say, you have no worries. There is no chance any judge or jury would hold you liable, and little chance anyone would sue you.

You may have misunderstood the lawyer (he may have just been claiming damages from the crash and aftermath and not trying to blame you), or else he was trying to scare you in order to influence your testimony. He may also have been dropping a little threat to make sure you would testify, if you caused him to think you were scared to testify as a witness. In any case just be calm and honest, and don't fear. You have no reason to be worried.

Answer 11

First...get a lawyer. Contact a legal aid office first and make sure you ask them about the Good Samaritan Law; especially if the incident occurred in California. Good luck.