What is the test for failing to give way to an ambulance, police or fire department vehicle?

MultiRegion, United States of America

The following excerpt is from Simblest v. Maynard, 427 F.2d 1 (2nd Cir. 1970):

5 23 V.S.A. 1033, in relevant part, provides:

"Except as hereinafter provided, all vehicles shall give the right of way to other vehicles approaching at intersecting highways from the right; and shall have the right of way over those approaching from the left; provided that upon the approach of an ambulance, police or fire department vehicle which is sounding a siren or displaying a red light or both, all other vehicles shall pull to the right of the lane of traffic and come to a complete stop until such emergency vehicle has passed. . . ."

Violation of this statute under Vermont law constitutes prima facie evidence of negligence. Dashnow v. Myers, 121 Vt. 273, 155 A.2d 859 (1959).

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