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Are You Held Liable When You Help an Injured Person in a Traffic Accident?

Dawn Pinnisi

April 23, 2024

If you witness a car accident, your first instinct may be to help a victim who sustained an injury. However, most people wonder whether being a good samaritan can expose them to liability. Most people call 911, check for injuries, and calm the victim while waiting for an ambulance.

Often, good samaritan statutes provide immunity to people who help injured victims. These good samaritan laws protect individuals from civil liability for negligent acts or omissions while voluntarily giving emergency care to others. However, when you help an injured person in a traffic accident you may be liable for aggravating or worsening a victim’s injury.

Further, you may also be entitled to compensation if you’ve sustained an injury in a car accident due to someone else’s fault. Always consult with a trusted New Jersey car accident attorney for legal advice and support if you have been involved in a car accident.

The Good Samaritan Law

A good samaritan is someone who unselfishly helps someone, especially strangers. In personal injury law, a good samaritan is any person without medical training who voluntarily renders aid to an injured person in an emergency. Once a person voluntarily offers to help an injured or ill person who is a stranger, they owe the stranger the duty to be reasonably careful.

The good samaritan statutes apply as a form of defense to those who offered help voluntarily to avoid civil liability for injuries they may have caused while attempting to provide life-saving assistance.

Here are the three elements of good samaritan law:

  • The good samaritan provided care as a result of the emergency
  • The volunteer did not cause the initial emergency or injury
  • The volunteer did not provide emergency care in a reckless or grossly negligent manner

The purpose of the good samaritan doctrine is to encourage prompt emergency care by removing the threat of liability for damage that might occur during assistance. The doctrine attempts to address the risks under common law, under which a volunteer who offers emergency care to an injured person has no duty to do so and is liable for failing to exercise reasonable care while assisting.

The immunity applies if the injured person doesn’t object to assistance by the good samaritan. More importantly, the person providing help should act reasonably, in good faith, and in a manner another person would under similar circumstances. The act distinguishes emergency care provided in a hospital from emergency care and treatment provided outside a hospital.

Can I Be Sued For Providing Help to an Accident Victim?

The good samaritan laws protect those who voluntarily assist a person in need as long as the volunteer does not offer emergency care in a grossly reckless and negligent manner.

The term negligence arises when the actions do not meet the standard of reasonable behavior. For example, negligence may occur in a good samaritan situation if there is evidence that the volunteer knew or should have known their intervention would injure a car accident victim further while they were attempting to help.

There is also the possibility of gross negligence when a good samaritan knew they could endanger the person they were trying to help but willingly disregarded that knowledge and offered help anyway.

Usually, there are limited exceptions where you may be held liable for offering help in an emergency. You may be open to civil liability if you offered emergency medical or non-medical care in an accident if you:

  • Provided emergency care in bad faith
  • Received compensation for the services
  • Acted grossly negligent
  • Displayed wanton or willful misconduct

It is important to note that a bystander has no general duty to help injured victims; however, some people do it out of kindness. If a person decides to aid an injured victim, they must do it with reasonable care.

Contact an Experienced New Jersey Car Accident Attorney to Discover Your Options

After a car accident, always check for injuries to yourself and those around you. Getting medical help as soon as possible will benefit your physical condition, as well as a possible legal claim. If you believe that someone else was to blame for the crash, never delay in consulting with a NJ car accident lawyer about your rights and options.

We recommend you seek legal help from Varcadipane & Pinnisi, P.C. Our car accident lawyers have decades of experience representing injured victims, and we bring our knowledge and resources to the table for every injured client.

Contact us online or at (201) 588-1500 for a free consultation.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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