By: Todd Duncan, Law Enforcement and Safety Specialist
Motor vehicle crashes remain the leading source of losses for NIRMA members, and emergency vehicle operations continue to be among the highest‑risk tasks in law enforcement. Deputies must often make rapid decisions about speed, traffic control devices, and pursuit while balancing operational urgency with public safety. Because each of these choices carries significant legal and civil‑liability exposure, a clear understanding of Nebraska’s statutory requirements is essential.
Why It Matters
Nebraska’s primary law governing emergency vehicle operations, NRS § 60‑6,114, grants certain operational privileges, but it also places strict limits on how those privileges may be used. Under the statute, the driver of an authorized emergency vehicle, when responding to an emergency call or when pursuing an actual or suspected violator of the law may proceed past stop signs or red lights and may exceed posted speed limits, but only when doing so does not endanger life, limb, or property. The law is explicit: even law enforcement officers during emergency response have a duty to exercise due regard for the safety of all persons when driving, and reckless disregard eliminates any statutory protections.
These standards matter because the legal consequences of failing to follow them can be severe. For instance, in 2024 a former Louisiana police officer pleaded guilty to two counts of manslaughter and sentenced to 32 years in prison for the deaths of two teenagers and negligent injuring of a third following a high-speed chase and crash. Like Nebraska, Louisiana’s emergency vehicle operations law includes a “due regard” requirement. In another case out of Washington, the City of Seattle reached a $29 million settlement with the family of a woman struck and killed by an officer enroute to an emergency call.
While § 60‑6,114 focuses on the deputy’s conduct, NRS § 13‑911 places financial liability directly on political subdivisions, i.e., counties, when innocent third parties are injured or killed during a vehicular pursuit. In such cases, the county must pay damages on a “strict liability” basis (regardless of fault), and then seek reimbursement from the fleeing driver or other legally responsible parties. This creates substantial financial exposure even when deputies acted reasonably.
Key Liability Risks
- Failure to slow or ensure safe clearance when proceeding through intersections under § 60‑6,114.
- Driving at speeds or in a manner that endangers others, even during legitimate emergencies.
- Pursuit decisions that increase risk to uninvolved motorists, triggering automatic political subdivision liability under § 13‑
- Failure to properly use emergency warning equipment, i.e., lights and sirens.
What You Can Do to Reduce Risk
- Reinforce Policy and Training (model policies available through NIRMA)
- Maintain clear pursuit and emergency driving policies consistent with NRS § 60‑6,114 and 13‑ Training must emphasize slowing at intersections, evaluating risk vs. need, and documenting objective decision‑making during emergencies.
- Emphasize “Due Regard” as the operational imperative.
- Understand that statutory privileges are conditional, not absolute. The duty to protect the public overrides the urgency of response.
- Strengthen supervisory oversight, including random in-car/body-worn camera reviews.
- Real‑time supervisory involvement during pursuits helps ensure compliance with agency policy and the law.
- Review all pursuits and near misses.
- Conduct regular after‑action reviews to identify patterns, reinforce best practices, and adjust policy to reduce future liability.
Effective emergency vehicle operations require more than rapid response, they require disciplined, legally informed decision‑making. By grounding their policies and training in Nebraska law, agencies can safeguard the public, protect their deputies, and significantly reduce exposure to civil liability.
Stay professional. Stay accountable. Protect the badge.
NIRMA Member Officials, Supervisors, and Managers:
Have a human resource question or issue? Contact NIRMA’s Human Resources Helpline at (866) 896-6423.
Have a non-HR legal question or issue? Contact NIRMA’s Legal Link at (402) 742-9240 or by email at legallink@nirma.info
