Car Accident Good Samaritans

This photo, taken around 1932, is said to be of Rosie the elephant helping some nurses in in Epsom, Surrey.

It's December, and everyone is full of generosity, good cheer, and the spirit of giving. What better time than now to think about all the Good Samaritans who have gone out of their way to help someone in need. There are stories about Good Samaritans doing good deeds all year round, but it seems fitting to take a moment to appreciate it now during the holiday season.

How many times have our hearts been warmed upon hearing that a Good Samaritan came to the aid of a stranded vehicle owner or a victim of a car crash? Not only are these individuals being kind, but they are also putting themselves in harm's way. Too many people suffer injuries because they are outside their vehicles out on the side of highways and roads.

Believe it or not, it is not uncommon for Good Samaritans to be sued by the people being helped. This could happen because the victim claims part or all of their injuries are due to the Good Samaritan's actions. Laws having to do with Good Samaritans differ from state to state. But more and more legislatures are realizing it may not be sending the right message to have laws that stringently punish Good Samaritans. After all, we want people to help one another, and the laws should reflect that.

Michigan Car Accidents and Good Samaritans: Are They Protected?

Michigan has Good Samaritan laws that protects specific groups of people. Unfortunately, it does not yet cover someone who generally helps in a car accident unless they fall into one of those groups and behave in accordance with statutory law. So this generally means that if someone you help dies or is injured, you could be potentially sued by the person you helped or their family, who might say your help was negligent.

Fortunately, many courts take into account whether the help given was altruistic and conducted "reasonably." What is considered reasonable is certainly debatable, but if the Good Samaritan acted in a way that an ordinary person in the same situation would have acted, then this can be compelling to a court. If the Good Samaritan has special qualifications or abilities, such as those listed in the Michigan Good Samaritan statutes, them the analysis would need to extend to what a person of similar qualifications or abilities would have done in the same situation. In relation to this, the courts would look at whether or not the Good Samaritan acted outside the scope of his or her skill set or knowledge base. If they did, it could be construed as negligent.

Good Samaritans Are Everywhere

All the foregoing being said, when an accident happens, human instinct kicks in, and Good Samaritans go to work helping each other when the situation calls for it.

Being a Good Samaritan means many things. A particularly heartwarming story comes out of Arizona, where, just before Christmas last year, a first responder firefighter was spotted reading a story to a young boy who was pulled from an accident involving two cars. Even this small gesture of human care shows the good the world.

Another story comes out of Vermont, where a mother on her way to work lost control of her car, flipping over and tumbling off the road. She said the faces of her children and her husband were on her mind. She was trapped in her mangled car, when two men came to her aid, freeing her and waiting with her while emergency personnel came. This is just another situation where these people stopped to help when they did not have to, a fact this mother is very grateful for.

And in New Jersey, three strangers pulled a woman from a burning vehicle after it collided with a utility pole. The Good Samaritans jumped to action as flames engulfed the car, saving the woman's life.

In another serious accident with an extremely fortunate outcome in Milwaukee, a grandfather of 14 grandchildren pulled a baby from a vehicle involved in a three-car-crash. The crash happened in an intersection when one driver ran a red light. The baby was crying out while the mother was knocked out and curled up in the front seat after the crash. With the smell of gasoline present, the Good Samaritan worked quickly to free the child. When all was said and done, everyone walked away from the crash with only minor injuries. There's a miracle if you've ever seen one.

During the holidays, it is uplifting to see people caring about one another all around the country. From all of us at Sachs Waldman, we wish you and yours a safe holiday season.