Hit by an Ambulance in Miami

Ambulances in Miami-Dade County are operated by a mix of public and private entities — Miami-Dade Fire Rescue runs many of the public ambulances, while AMR (American Medical Response), Falck, and other private EMS contractors run the rest. The legal rules that apply to your case depend on who owned the ambulance and who employed the driver, because crashes involving public ambulances trigger Florida's sovereign-immunity statute while crashes involving private EMS providers proceed under ordinary tort rules.

Public vs. Private Ambulance — Why It Matters

• Public ambulances (Miami-Dade Fire Rescue, City of Miami Fire-Rescue, municipal services) are subject to Florida Statute § 768.28: pre-suit notice required, $200,000-per-person / $300,000-per-incident damage cap, no punitive damages, and a three-year statute of limitations.
• Private contracted ambulances (AMR, Falck, smaller transport services) are typically liable as ordinary commercial defendants — full damages available, no caps, two-year statute of limitations, and substantial commercial liability coverage.

In some Miami-Dade situations the lines blur — a private ambulance contractor providing services under contract to a public agency can sometimes claim derivative sovereign immunity. The factual question of which rules apply is often litigated and depends on the specific contract and ownership structure of the ambulance involved.

Florida's Emergency Vehicle Privileges

Florida Statute § 316.072(5) gives ambulance drivers responding to emergencies certain privileges — proceeding past stop signals, exceeding speed limits when not endangering life or property, and disregarding direction-of-movement regulations. These privileges apply only when (a) the driver is using audible and visual signals (with limited exceptions) and (b) the driver continues to drive with "due regard" for the safety of all persons. Reckless or grossly negligent emergency-response driving — running through a busy intersection without looking, or maintaining excessive speed in a school zone — falls outside the statutory privileges.

If You Were a Patient in the Ambulance

A separate set of issues arises if you were being transported as a patient when the ambulance crashed. Patient-transport injury cases can include claims for ordinary crash injuries plus medical-malpractice-style claims if EMS personnel caused or worsened your injuries by negligent care during the transport.

Evidence to Preserve

• The dispatch recording and CAD record
• The ambulance's onboard data — speed, brakes, light/siren activation
• Any in-cab and exterior camera footage
• Patient care report (PCR), if you were a patient
• The driver's qualification and prior-incident file
• The dispatch and route history

The Pre-Suit Notice Requirement Under § 768.28(6)

If the ambulance was a public vehicle, you cannot file suit until you serve a written notice of claim on (a) the agency that owned or operated the vehicle and (b) the Florida Department of Financial Services. The notice must be in writing, must identify the claimant and the incident, and must be served before any lawsuit is filed. The agency then has up to 180 days to investigate and either accept or deny the claim. If the claim is denied or the 180 days expire without resolution, you may proceed with litigation. The window to serve the notice is three years from the date of the incident — not two — but missing the notice requirement is a complete bar to recovery, no matter how serious the injury or how clear the liability.

For wrongful death claims involving a public ambulance, the notice deadline is two years from the date of death, because the underlying Wrongful Death Act statute is two years and the notice must be served within the limitations period.

The First 24 Hours After the Crash

1. Call 911 and make sure a Florida Traffic Crash Report is generated. The report will document whether the ambulance had lights and siren active and what the dispatch context was.
2. Photograph the ambulance and the scene — every angle, the markings identifying the operator (Miami-Dade Fire Rescue, AMR, Falck, etc.), the unit number, the position of the vehicles, and any traffic-control devices.
3. Identify witnesses — including the EMS crew members on board, as their names will appear on the patient care report.
4. Get medical evaluation the same day. Florida's PIP statute (§ 627.736) requires evaluation within 14 days to preserve $10,000 in no-fault medical benefits.
5. Do not give a recorded statement to the EMS operator's risk-management office or insurance carrier.
6. Preserve your damaged vehicle, bicycle, helmet, or clothing until counsel inspects them.
7. Contact counsel quickly — the public-agency notice clock has already started, and dispatch recordings and onboard data have short retention windows.

The "Due Regard" Standard

The single most important factual question in an ambulance crash case is whether the driver was operating with "due regard" for the safety of others, as required by § 316.072(5)(d). Even on a legitimate emergency response, the statute does not authorize an EMS driver to plow through a busy intersection without slowing, to pass a school bus at speed, or to drive in a way that a reasonable EMS driver would recognize as unsafe under the circumstances. Cases turn on speed, intersection control, sight lines, the actual urgency of the call (was it Code 3 or Code 1?), departmental policies on emergency driving, and whether lights and siren were continuously active.

Sovereign Immunity Damage Caps

For public ambulances, total damages from any single government entity are capped at $200,000 per person and $300,000 per incident under § 768.28(5). The cap is a per-claimant and per-occurrence limit, not a per-agency limit, so a multi-vehicle pile-up involving two public agencies allows recovery against each — though apportionment becomes complicated. Damages above the cap can only be paid through a "claims bill" passed by the Florida Legislature, a politically driven process with no guarantee of success. The cap does not apply to private EMS contractors operating under their own corporate authority. It also does not apply to federal civil-rights claims (extremely rare in ambulance cases but theoretically possible if EMS personnel engaged in constitutionally significant misconduct).

EMS Training, Certification, and Policy Evidence

EMS drivers in Florida must complete an Emergency Vehicle Operator Course (EVOC) and maintain agency-specific certification. The driver's training file, EVOC records, prior accident history, and the agency's standard operating procedures for emergency response are all discoverable in litigation. So is any after-action report or internal accident review, although certain peer-review materials may be protected. Building the case typically requires obtaining these documents through formal public-records requests, pre-suit subpoenas, and post-suit discovery.

If You Were a Patient in the Ambulance

Patient-transport injury cases combine traditional crash injuries with potential medical-malpractice issues. If you were strapped to a stretcher and not properly secured, if a crew member fell on you during a sudden stop, or if your medical condition was worsened by the crash dynamics, those facts may support both negligence claims and EMS-specific negligence theories. Patient-care record documentation — the run report or PCR — becomes critical evidence. So does the equipment used to secure the patient (cot straps, head blocks, IV lines) and the qualifications of the EMS crew who responded.

Comparative Fault Under § 768.81

Since March 2023, Florida applies modified comparative negligence. If the jury finds you more than 50% at fault, you recover nothing. At 50% or below, your damages are reduced by your percentage of fault. EMS defense lawyers routinely argue that the other driver failed to yield to the audible-and-visual signals, did not check the rearview mirror, or otherwise contributed to the crash. The 50% bar applies even to claims against public agencies, on top of the § 768.28 caps.

Damages Available

• Past and future medical expenses
• Past and future lost wages and loss of earning capacity
• Future life-care needs in catastrophic cases
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for the injured person's spouse
• Wrongful death damages under § 768.16 et seq.
• For public-agency defendants: subject to the § 768.28 cap; no punitive damages
• For private EMS contractors: no statutory cap; punitive damages available in qualifying cases under § 768.72

Common Defense Tactics

• "It was an emergency response — § 316.072(5) applies." We respond with evidence of speed, intersection conditions, dispatch context, lights/siren operation, and the driver's actual conduct measured against the "due regard" standard.
• "The plaintiff failed to yield." We use scene photographs, witness statements, traffic-camera footage, and onboard data to establish whether the ambulance's signals were active and visible.
• "The injuries preexisted the crash." Defense subpoenas every prior medical record. Treating physicians help document the acute-versus-baseline distinction.
• "The plaintiff is exaggerating." Surveillance investigators are common in serious cases.

Frequently Asked Questions

How do I know if the ambulance was public or private?

The markings on the vehicle, the agency name on the run report, and the registration records will reveal the answer. Counsel obtains these promptly to determine which procedural rules apply.

What if both a public agency and a private contractor are involved?

Both can be named as defendants, with the public-agency claim subject to § 768.28 and the private-contractor claim proceeding under ordinary tort rules. Apportionment of fault between them becomes part of the case.

How long do I have to file?

Three years for sovereign-immunity claims, two years for ordinary negligence claims against private contractors, two years for wrongful death. The pre-suit notice for public-agency claims must be served within the applicable limitations period.

Will the case go to trial?

Most ambulance cases resolve before trial, but the threat of trial is what produces fair settlements. We prepare every case as if it will be tried.

What does it cost to hire your firm?

Nothing upfront. We handle ambulance crash cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

If you have been hit by an ambulance in Miami-Dade or Broward County, contact the Law Offices of Albert Goodwin quickly — sovereign-immunity notice deadlines apply if the ambulance was a public vehicle. Call 786-522-1411 or email [email protected] for a free consultation.