APRIL 7, 2019
FOR IMMEDIATE RELEASE
NEWS RELEASE #19-0407
CONTACT: SHERIFF TIM MORSE 785-364-2251
Deputy escapes serious injury while investigating a car deer accident on 75 Hwy
A Jackson County Deputy was investigating a non-injury accident on US Hwy 75 north of 278th Road in northern Jackson County Saturday night where he escaped serious injury when he was struck by a vehicle. The deputy was investigating an accident involving a deer and a 1997 Toyota Corolla passenger car when a southbound 2015 Ford F-150 pickup truck failed to properly yield to emergency personnel and struck the deputy around 8:30 pm. The vehicle’s mirror struck the left arm of the deputy. The injury to the deputy appeared to be minor at the time of the incident, however, this situation presents a good time to remind motorists to drive in due regard to the safety of our highway workers and public safety personnel. Unfortunately, there are a significant number of highway workers and emergency responders severely injured or killed each year across the United States. Kansas law requires motorists on a two-lane highway to slow down, drive with due caution at a safe speed for the road, weather and traffic conditions. On a highway with four-lanes or more, motorists are to “proceed with due caution and, if possible and with due regard to the road, weather and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary authorized emergency vehicle.” It is important for each of us to be attentive to hazards on the roadway when we operate motor vehicles. Fortunately, this incident did not result in tragedy, and the deputy was able to complete the investigation of the first accident prior to being evaluated by medical staff. A citation was issued to the driver for failing to yield to emergency personnel. The fine for failing to yield to emergency vehicles is $303.00 including court costs.
KSA 8-1530. Duty of driver upon approach of authorized emergency vehicle. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of subsection (d) of K.S.A. 8-1738, and amendments thereto, and visual signals meeting the requirements of K.S.A. 8-1720, and amendments thereto, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall do the following unless otherwise directed by a police officer:
(1) Yield the right-of-way;
(2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
(3) stop and remain in such position until the authorized emergency vehicle has passed.
(b) The driver of a motor vehicle upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is making use of visual signals meeting the requirements of K.S.A. 8-1720, and amendments thereto, or subsection (d) of K.S.A. 8-1722, and amendments thereto, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary authorized emergency vehicle; or
(2) if the driver is not traveling on a highway of a type described in paragraph (1), or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather and traffic conditions.
(c) From and after the effective date of this act and prior to July 1, 2001, a law enforcement officer shall issue a warning citation to anyone violating the provisions of subsection (b).
(d) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.