Real-Life Nightcrawler Raises Duty To Rescue Question

In the movie Nightcrawler, Jake Gyllenhaal plays a thief turned freelance journalist who films shocking footage of crime scenes and accidents and sells the images to a television news station. In a life-imitates-art moment, a man was arrested for vehicular trespassing after he allegedly entered a car to film two people who had just been involved in a serious car accident. The man reportedly did nothing to help the teenagers, who were severely injured, and one later died at the hospital. The incident raises the question of whether or not a bystander has a duty to rescue another person in jeopardy and if they can be held liable for damages if they don't.

Duty to Rescue Circumstances

Legally, there are only a few times when people have a duty to rescue others. The first is when the person has a special relationship to the victim. For instance, a parent has a legal responsibility to help his or her minor child when the child is injured or in a dangerous situation. A parent's failure to assist his or her child can lead to criminal and civil penalties for the adult.

Medical professionals, paramedics, firefighters, and other emergency personnel are also required to help people in need, but only if they are getting paid for their services. A doctor who is on the clock and getting paid by a hospital, for instance, is required by law to help patients. However, a volunteer paramedic is generally not legally bound to do so, even if he or she is in uniform and at the scene of an accident.

If there is no special relationship with the victim, ordinary citizens are only expected to help someone if they created the conditions that caused those people to need rescuing. For instance, if you lose control of your vehicle while speeding and cause an accident with another person, you would be responsible for helping that individual if he or she required it.

Most states do stipulate, though, that you are only required to help if doing so doesn't put you in harm's way. So if the car catches on fire, you probably would not be held liable for not assisting, though you may be criminally or civilly liable for causing the accident in the first place.

Lastly, about 10 states have duty to rescue laws on the books that require citizens to act in certain situations. Minnesota law, for example, requires bystanders to help others in emergency situations if the victims are or may be gravely injured. Failure to do so can result in being charged with a petty misdemeanor and bystanders could possibly be made to pay damages depending on the circumstances.

Holding Onlookers Accountable

Unless your case falls into one of the above exceptions, you generally won't be able to hold someone civilly liable for injuries you sustained because the person refused to help you. On the other hand, the person can't do anything to aggravate the situation either. If the person takes an action that contributes to your injuries, then you may have a case against the individual. The person opens the car door to capture video of your injuries, but the action causes the car to roll downhill into a ditch, for example. You could file a personal injury lawsuit against the individual to obtain compensation for the injuries you sustain from that person's negligence.

Although it can be argued that bystanders have a moral obligation to help others in dire situations, the law does not always support this point of view. It's best to consult with a car accident lawyer for additional info about your legal options if you feel your injuries were caused or acerbated by someone who had a duty to act but didn't.