Empathy and altruism can lead people to put themselves in danger as they attempt to help others. The effort can save lives, but sometimes an inexperienced rescuer makes mistakes and causes more harm. At some accident scenes, the helper becomes a victim as well. The Rescue Doctrine and Good Samaritan laws explain how to handle these types of cases.

Utilize Rescue Doctrine Laws

Rescuers often expose themselves to danger while trying to remove a victim from harm or when administering first aid. Someone passing by that stops to help people in need may become injured enough to also require medical care. In this instance, the Good Samaritan could potentially file a claim for their losses against the individual who caused the initial accident.

The Rescue Doctrine gives people the legal right to receive compensation when they become injured during a rescue attempt at an accident scene. Anyone that stops to help a victim and becomes injured enough to require medical care may have the right to file a lawsuit.

Injuries to a bystander helping at an accident scene only take place because of the careless behavior that led to the initial accident. The party responsible for the accident that led to the need for a rescue becomes the one responsible under the law to compensate the injured Good Samaritan.

The Rescue Doctrine applies only when the situation was dangerous because of the actions by the defendant and when the original rescue victim had an immediate need for help due to imminent peril. The rescuer must have noticed the potential for danger to themselves and acted with a reasonable level of care to avoid harming themselves during the rescue.

Someone that randomly rushes into the middle of an accident scene without any attempt to keep themselves safe may sacrifice the right to file a lawsuit. A successful claim is also unlikely if the actions the individual took were unnecessary, such as if the person was hurt when they tried to tend to a victim of an accident who was already stable, and an ambulance was audibly on its way.

Understand Good Samaritan Limits

Good Samaritan laws protect individuals who attempt to rescue someone but could not save a life or prevent all injury. Professional rescue services take time to arrive at any scene, and the delay can cost lives. The laws for Good Samaritans encourage bystanders to take part when they see someone in need without the fear of a lawsuit after the attempt.

An example of when Good Samaritan laws may help is when someone performs CPR. The individual may save the life of the victim by performing the first aid technique, but they may also break a rib on the victim during the process. Medical experts know that CPR can cause broken ribs, so the injury is not caused by carelessness and usually not cause for a lawsuit.

The law does not, however, protect people in every situation. If the actions of the Samaritan are done without reasonable care, the victim can request compensation for the additional injuries caused by the rescuer. For example, someone that removes an accident victim from a car when there was no danger could become liable if the victim suffers injuries during the removal.

Good Samaritans often display bravery and selflessness, but they can also become a part of the problem if they do not assess the scene first. If someone acting as a rescuer harmed you, or if you are a Good Samaritan who became injured at an accident scene, call us.

Joe Owen and the team at Owen Law Firm can review the details of your case. We will do all we can to get you the compensation you need. Schedule a consultation today.