Recently spoke to a former colleague to clarify the situation…
THERE IS NO CLAUSE IF YOU GET IT WRONG !
The reason for this is that if you don’t particularly like someone then what’s stopping you from “topping” that person ? You phone the Police/Ambulance, explaining that you’ve come across someone that has been severely beaten. When they arrive, you make it look like your giving your victim assistance. Extreme, I know but stranger and more bizarre things have happened !
Anyway, criminal proceedings can be brought against you for gross negligence, manslaughter, etc. If criminal proceedings fail then you can be guaranteed that civil proceedings will brought against you if your victim has any family; remember, we live in a “blame culture”.
Its all to do with insurance. For example, if you’re a qualified first-aider at work, you’re not qualified, and therefore not insured to help anybody in the street; you do so at your own risk ! Your fist-aid certificate only covers you in the workplace.
If a member of the emergency services makes a blunder whilst at work, then that individual can be sued in name only, compensation is paid by whatever service they’re employed by. However, if they go to the aid of someone, in their own time and make a mistake, then that individual is solely responsible for their actions because they’re not insured.
As Cornish Trucker explained:
“St Johns Ambulance run a 4-day First-Aid at Work course and offer insurance to protect you against any complaints; I am personally covered by St. Johns”
If your boss asked you to do something at work for which you’re not insured, would you do it ? Or, would you drive your neighbour’s vehicle, on the open road, with the full knowledge that you’re not insured to drive it ?
Besides, RTAs are a whole different ball game, they’re not as simple as someone collapsing in the street. St Johns Ambulance and First Aiders are generally not trained to deal with these situations because it involves “trauma management” and the like. For example, your first-aider is likely to try and remove the victim from the vehicle to give mouth-to-mouth, CPR, etc. and then put that person in the “recovery position”. Emergency services personnel will firstly immobilise the head and strap the victim to his car seat. CPR is administered whilst the victim is still in the car. The roof is then cut off, the seat cut out, and whole lot is put into the ambulance ! The victim will only be removed from the seat in the presence of A&E Trauma personnel as it is quite likely that person may be suffering from spinal injuries.
What Galaxian did was admirable. And yes, I would go to the aid of someone else in distress but it would have to depend on the circumstances - I can’t afford to be sued, I’m a truck driver not a millionaire !