N.J. Model Civil Jury Charge 5.31B

5.31B DUTY OF CARE BY EMERGENCY VEHICLE

(Approved 1977)

On the other hand, drivers of emer gency vehicles must also exercise

reasonable care under the circumstances in the operation of an emergency vehicle.

The degree of care required of the driver of such vehicle is that he/she must

exercise reasonable care to prevent injury or damage to himself/herself or others in

light of the emergency circumstances.

The statute in question, N.J.S.A. 39:4-91, which I have previously referred

to, further states that:

This section shall not relieve the driver of any authorized

emergency vehicle from the duty to drive with due

regard for the safety of a ll persons, nor shall it protect

the driver from the conseque nces of his/her reckless

disregard for the safety of others.

In considering the standard of care required under this statute of the driver of

an emergency vehicle, keep in mind that by necessity, the driver of an emergency

vehicle, responding to an emergency situation, may be required to take risks which

would constitute negligent conduct if pe rformed by a motorist under ordinary

conditions. The driver may be required to go through a red light or stop sign or

other traffic control device; proceed at a speed above the fixed limits, or drive on

the wrong side of the road. As such, the driver of an emergency vehicle, on an

emergency call, cannot be expected to exercise the same care that the law requires

of the ordinary motorist, who has no emergency duty to perform.

Accordingly, the driver of an emerge ncy vehicle, taking such risks, is bound

to take reasonable precaution to protect ot hers from the extraordinary dangers of

the situation that proper performance of his/her duties compels him/her to create.

Furthermore, the statute I have read to you requires that the driver of an emergency

vehicle must not drive with reckless disreg ard for the safety of others. That is,

he/she must anticipate the dangers his/ her operation of the vehicle involves and

exercise reasonable care for the safety of others under the circumstances.

Violation of the standard of care as se t forth by the statute is evidence to be

considered by you in determining whether the emergency vehicle driver’s conduct

was negligent.

NOTE TO JUDGE

N.J.S.A. 39:4-81; N.J.S.A. 39:4-91; and N.J.S.A. 39:4-105; Rekiec v.

Zuzio, 132 N.J. Super. 71 (App. Div. 1975); Varlaro v. Schultz , 82

N.J. Super. 142 (App. Div. 1964); Finderne Engine Co. v. Moran

Trucking Co., 98 N.J. Super. 421 (App. Div. 1968); April v. Collings

Lake Ambulance Ass’n., 109 N.J. Super. 392 (App. Div. 1970).