Wheels of Justice

Good Samaritan laws

Question: Can I be sued if I inadvertently injure an accident victim while moving him/her at an accident scene? I thought Good Samaritan laws protected those who help in accident situations.
Answer: Any good lawyer will tell you that it depends on which state you were in when you assisted the accident victim. I know it’s crazy, but here is how it works.
     States enacted Good Samaritan laws to protect physicians and others with medical training. Changes in the law through legislation and court cases have helped some laws evolve to include untrained rescuers who render aid.
     There are a variety of versions of Good Samaritan laws. Most states have a Good Samaritan law that protects people like you that stop to help. Some states have no law at all, and you are liable for any additional injuries your actions cause. And some states protect only licensed personnel. A good example can be found in the state of Alabama:
Code of Alabama – Title 6: Civil Practice – Section 6-5-332 
“A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from the provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama law.”
     You can by the statute that only trained and licensed persons are covered by the Alabama Good Samaritan rules, unless the injured person has a heart attack. A theme throughout Alabama’s Good Samaritan laws is that the person rendering the aid must do it in good faith and without compensation. (Some states even consider a reward any time after the fact to invalidate the protection of the Good Samaritan law.)
     So what advice can I offer you as you travel across the country and come upon an accident with injury? First, call 911 to report the accident, and then ask the 911 operator what he or she want you to do and whether you are covered by Good Samaritan laws so you will be protected. The call will be recorded, and you should be able to rely on the trained professional to guide you on what to do.
     Jim C. Klepper is the president of Interstate Trucker Ltd., an organization that provides legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.