Operation of vehicles upon the approach of emergency vehicles.
(1) Upon the immediate approach of an authorized emergency vehicle which makes use of proper audible or visual signals:
(a) The driver of any other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway or to either edge or curb of a one-way roadway, clear of any intersection, and shall stop and remain in such position until such emergency vehicle passes unless otherwise directed by any peace officer; and
(b) Any pedestrian using such roadway shall yield the right-of-way until such emergency vehicle passes unless otherwise directed by any peace officer.
(2) This section shall not 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.
Source:Laws 1973, LB 45, § 40; R.S.1943, (1988), § 39-640; Laws 1993, LB 370, § 247.
A police vehicle enjoys privileges as an emergency vehicle as long as the officer operates emergency equipment in good faith belief that he or she is responding to an emergency. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).
Police department standard operating procedures are merely evidence of "proper audible or visual signals." Police officer exercised due regard in operating an emergency vehicle. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).
The trial court did not err in refusing to direct a verdict in favor of the plaintiff, who was injured when he was struck by a police car responding to an emergency call. Stephen v. City of Lincoln, 209 Neb. 792, 311 N.W.2d 889 (1981).