Amanda J. Fuentes v. Los Santos Police Department

BASIS OF SUIT

On September 21st, 2021, Allen Victor Fuentes was driving in the Eastbound lanes of Vespucci Boulevard. Allen Fuentes was going through the intersection of Vespucci Boulevard and Alta Street when his vehicle was struck by a Los Santos Police vehicle responding with lights and sirens. The impact of the collision killed Fuentes immediately. 

Amanda Fuentes filed a lawsuit against the Los Santos Police Department on the basis that “Emergency Vehicles shall drive with mindful regard and caution to the traffic surrounding them, even when responding to an emergency.

The Respondents for the Police Department argued that “It is the duty of the citizens to properly yield the right of way to emergency vehicles responding to emergencies, and that Allen Fuentes shall maintain liability for the collision.

RULING

OPINION OF THE COURT 

(WRITTEN BY ASSOCIATE JUSTICE KAYLEE A. MIDDLETON)

In the case of Amanda Fuentes v. Los Santos Police Department, the court finds in favor of the plaintiff, Amanda Fuentes. The core issue in this case revolves around the duty of care owed by emergency vehicles when responding to an emergency and the corresponding duty of the general public to yield to these vehicles.

While it is recognized that emergency vehicles such as police cars, ambulances, and fire trucks have the legal right to bypass certain traffic regulations when responding to emergencies, this privilege is not without limits. The statute cited by the plaintiff, which mandates that emergency vehicles must operate with "mindful regard and caution" for the safety of others, establishes a clear expectation that such vehicles must balance their need for swift response with the safety of all road users.

The principle of "mindful regard and caution" requires that emergency responders take reasonable measures to minimize the risk to the public when exercising their right of way. This includes, but is not limited to, reducing speed when approaching intersections, ensuring that their sirens and lights are sufficiently audible and visible to all, and assessing the likelihood of other vehicles being able to yield in a timely and safe manner.

In the case at hand, evidence presented indicates that while the police vehicle had its lights and sirens activated, it entered the intersection of Vespucci Boulevard and Alta Street at a speed and angle that did not allow Allen Victor Fuentes a reasonable opportunity to yield. It is significant that Mr. Fuentes was already proceeding through the intersection when the police vehicle approached, and the collision occurred in such a manner that suggests a failure on the part of the responding officer to adequately assess the situation and act with the required level of caution.

Furthermore, the Respondents' argument that the duty of yielding lies solely with the civilian driver overlooks the mutual responsibilities shared by both parties. While civilians must yield to emergency vehicles, this duty does not absolve the operators of such vehicles from the obligation to avoid creating unnecessary hazards. The requirement for citizens to yield does not imply that emergency vehicles are free to proceed without regard for the conditions and the actions of other road users.

In this instance, the balance of responsibility leans towards the police department, as the actions of their officer directly resulted in the fatal outcome. The loss of life is a grave consequence that underscores the importance of adhering to the statutory duty of care, even in high-pressure situations. The court thus concludes that the Los Santos Police Department, through the actions of its officer, failed to exercise the appropriate level of caution and is therefore liable for the death of Allen Victor Fuentes.

The court orders the Los Santos Police Department to compensate Amanda Fuentes for the wrongful death of her husband, acknowledging the profound impact of this tragic event and affirming the legal expectation that emergency vehicles must operate with both urgency and care for public safety.

DISSENTING OPINION 

(WRITTEN BY ASSOCIATE JUSTICE MARKELL L. ELIAS)

In the case of Amanda Fuentes v. Los Santos Police Department, I respectfully dissent from the majority opinion and find in favor of the Respondents, the Los Santos Police Department. The crux of this case is the interpretation of the duties and responsibilities of both emergency vehicle operators and civilian drivers during an emergency response.

It is well-established that emergency vehicles, including police cars, have the legal right to exceed normal traffic regulations when responding to emergencies. This includes the right to proceed through intersections against traffic signals when lights and sirens are activated. The law recognizes that the urgency of their mission can save lives, and to impede such a response could result in greater harm to the public.

The Respondents have correctly asserted that civilian drivers have a statutory duty to yield the right of way to emergency vehicles that are responding to emergencies with activated lights and sirens. This duty is not merely a suggestion; it is a legal obligation designed to ensure that emergency responders can perform their duties effectively and without undue delay.

In this specific case, Allen Victor Fuentes was driving through the intersection of Vespucci Boulevard and Alta Street when his vehicle was struck by a Los Santos Police Department vehicle that was responding to an emergency. The police vehicle had its lights and sirens activated, signaling its urgent need to proceed through the intersection. Despite this, Mr. Fuentes continued through the intersection, failing to yield the right of way as required by law.

The argument that the police officer should have exercised more caution is, in this context, insufficient to outweigh the established duty of the civilian driver to yield. Emergency responders are often placed in situations where time is of the essence, and their ability to navigate through traffic rapidly can mean the difference between life and death for those awaiting their assistance. While emergency vehicle operators must act with care, the law does not impose an unreasonable burden on them to anticipate every potential action of civilian drivers, especially when those drivers fail to fulfill their legal obligations.

The tragic outcome in this case does not negate the fact that the primary duty in such situations rests with the civilian driver to yield. The law anticipates that when an emergency vehicle is operating with lights and sirens, all other vehicles must make every reasonable effort to clear the way. This expectation is grounded in the need for emergency services to respond swiftly to critical situations.

Furthermore, holding the police department liable in this instance could set a dangerous precedent that might hinder the ability of emergency responders to perform their duties. If officers are overly constrained by the potential for liability in every emergency response, it could result in hesitation or delays that would be detrimental to public safety.

In conclusion, while the death of Allen Victor Fuentes is undoubtedly tragic, it is not a result of negligence on the part of the Los Santos Police Department. The responsibility for the collision lies with Mr. Fuentes' failure to yield to the emergency vehicle, as required by law. The court should recognize the importance of maintaining the ability of emergency responders to act swiftly and without undue fear of legal repercussions. For these reasons, I would find in favor of the Los Santos Police Department and deny the plaintiff's claims.