What occurs if the operator exceeds the privileges granted by TCA Code Section 55-8-108?

Choosing to exceed the privileges granted by TCA Code Section 55-8-108 results in the removal of any immunity previously granted under that section and establishes grounds for negligence. This specific section typically pertains to emergency vehicles and their operators, who are granted certain privileges while responding to emergencies. However, those privileges are not limitless; operators must still adhere to reasonable conduct and exercise due care.

When an operator exceeds these privileges—such as driving recklessly, ignoring traffic signals unnecessarily, or failing to use due caution—they not only lose their immunity from liability but also open themselves to allegations of negligence. This is crucial for ensuring that operators maintain a balance between effective emergency response and public safety, as public trust relies heavily on responsible actions by those entrusted with such significant responsibilities. Thus, it reinforces the principle that even in emergency situations, a duty of care must be upheld to avoid potential harm to the public.