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Evacuation Injuries During Wildfires: Who Is Responsible?

James R. Doyle, Esq.
Wildfire

Wildfires are an unfortunate reality in Southern California, particularly in areas like Pasadena, San Gabriel, Alhambra, and the greater San Gabriel Valley. These disasters force thousands of residents to evacuate their homes, often in chaotic and dangerous circumstances. Unfortunately, injuries during evacuations are not uncommon, leaving many to wonder: Who is responsible for evacuation injuries during wildfires?


This article explores the scenarios in which evacuation injuries occur, examines potential liability, and explains how victims can seek compensation.


The Risks of Wildfire Evacuations

Evacuations are high-stress events that often occur with little warning. The dangers during such situations include:

  1. Vehicle Accidents: Congested evacuation routes and smoke-reduced visibility often result in traffic collisions.

  2. Slips, Trips, and Falls: People rushing to evacuate may slip or trip on debris or poorly maintained pathways.

  3. Smoke Inhalation: Exposure to dense wildfire smoke can cause respiratory issues, particularly for those with preexisting conditions.

  4. Burn Injuries: In some cases, individuals may be unable to evacuate quickly enough and suffer burn injuries.

  5. Improper Shelter Conditions: Temporary evacuation shelters may not meet safety or accessibility standards, leading to injuries.


Wildfire risks

Who Could Be Held Liable?

In evacuation-related injuries, liability depends on the circumstances and the parties involved. Here are some common scenarios and the potential responsible parties:

1. Government Agencies and Municipalities

Local governments are responsible for organizing and executing evacuation plans. If an agency fails to provide timely warnings, maintain safe evacuation routes, or operate emergency shelters appropriately, they could be held liable. However, government immunity laws in California may limit their liability unless gross negligence can be proven.

2. Utility Companies

Utility companies are often implicated in causing wildfires due to faulty equipment or negligence, as seen in high-profile cases involving Pacific Gas & Electric (PG&E). If a utility company’s negligence triggered the wildfire, they may also be held responsible for injuries sustained during evacuations.

3. Property Owners

If an evacuation injury occurs on private property, the property owner might be liable for unsafe conditions, such as blocked exits, inadequate lighting, or other hazards that contributed to the injury.

4. Employers and Businesses

Employers may bear responsibility if their evacuation protocols for employees or customers were insufficient or unsafe. Similarly, businesses that fail to maintain accessible and hazard-free premises during evacuations could face legal action.

5. Drivers in Traffic Accidents

If an individual causes an accident during an evacuation, they may be liable for injuries to others. In some cases, liability may be shared if both parties contributed to the collision.


WILDFIRE

What Does the Data Say?

Evacuation injuries and deaths are significant concerns during wildfires. According to a 2020 report by the California Department of Forestry and Fire Protection (Cal Fire):

  • In 2020 alone, over 4.3 million acres burned in California, with 33 fatalities directly linked to wildfires.

  • Traffic accidents during wildfires contribute to a substantial percentage of evacuation-related injuries, with studies showing a 16% increase in collision rates on evacuation routes.

  • Smoke inhalation causes 75% of fire-related injuries, often affecting those who struggle to leave the evacuation zone quickly.

These statistics underscore the urgency of clear evacuation plans and accountability for injuries.


Burnt forest

What Should You Do If You’re Injured During an Evacuation?

If you’ve been injured during a wildfire evacuation, you may be entitled to compensation for your medical bills, lost wages, pain, and suffering. To protect your rights, follow these steps:

  1. Seek Immediate Medical Attention: Your health and safety come first.

  2. Document the Incident: Take photos, gather witness statements, and save medical records.

  3. Contact an Experienced Personal Injury Attorney: Navigating liability in wildfire-related cases can be complex. A skilled attorney can evaluate your case and guide you through the legal process.


Call to Action

If you or a loved one has suffered injuries during a wildfire evacuation, don’t wait. Call Doyle Accident & Personal Injury Attorneys at (626) 737-0036 for a free consultation. We’re here to help you get the compensation you deserve.

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