Can I Be Sued If I Helped An Accident Victim?

The desire to help someone in distress is noble, but in some cases, it could be quite risky. If you cause an injury or worsen an existing one while providing assistance in an emergency, you could be sued. So, unless you are a trained emergency professional or your state offers protections to Good Samaritans, think carefully before you act in an emergency.

No Duty to Help

Generally, there is no legal duty for one citizen to come to the aid of another. Many people who witness an accident try to help the victims until rescue workers arrive on the scene. Though it may seem counter to human nature, the law in most states is that you don't have to do anything. You could watch someone drowning, for example, and under most circumstances, you have no affirmative duty to yell for a lifeguard or throw him a life jacket. Unless you are responsible to the victim as a parent or guardian, or work as a medical or emergency professional, you usually have no legal obligation to come to the rescue of an accident victim.

The laws vary from state to state, but in several states, trained medical professionals are protected from lawsuits even if they are helping while off-duty, as long as their behavior at the scene of an accident is the same as it would have been in their workplace, they are not paid for their services, and they offer their help in good faith. In some states, like Florida, police officers who assist at the scene of an emergency are considered to be acting within the scope of their employment.

Negligence

Because there is no duty for you to help an accident victim, if you do decide to lend a hand, you can be sued if you are negligent during your attempt. What qualifies as negligent behavior will likely depend on the circumstances of the emergency. Generally, negligence is defined as a failure to behave with the level of care that any other reasonable person would have used under the same circumstances. And, if you happen to be a trained medical professional or first responder, you could be negligent for failing to use the same level of care as any other reasonable member of your profession. Also, depending on your state, a duty for you to render some aid to a victim could be imposed if the accident was your fault in the first place. For people that feel compelled to help even though not required to do so, the good news is that there may be protection available under your state's Good Samaritan law.



Good Samaritan Laws

Every state and the District of Columbia has Good Samaritan laws, which protect well-meaning individuals who come to the aid of a victim during a medical emergency. This means that if you caused some harm, unintentionally, while trying to help someone, you may protected from a lawsuit. These laws offer differing levels of protection depending on the state, and not all cover every type of volunteer. The danger of being sued for helping a victim will vary depending on where the accident or emergency took place and what kind of medical training you have. Most however, protect anyone who comes to the aid of an injured party, as long as any damage they may cause was not intentional or the result of grossly negligent behavior.

Affirmative Good Samaritan laws

Some states have decided to use their Good Samaritan laws to create liability where people do not act and even impose criminal penalties against people who do not offer assistance in some situations. Vermont actually requires citizens to help each other if someone is obviously in grave danger of physical harm and helping them would not place the volunteer in danger as well. Failing to help is a crime punishable by a fine of up to $100. Other states, like Minnesota, only require you to call the police if doing anything more would put you in danger.

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