ItsBruce
Contributor
I understand your concern, but what are you suggesting, complete indemnification that permits possibly premeditated and willful misconduct at the scene of an accident?
I'm not suggesting anything. I'm just making the observation that a well worded complaint will get the plaintiff "on base" and that the good samaritan may find himself an involuntary participant in a lawsuit. It could be expensive to defend and will certainly be an inconvenience. A defendant is required to answer written questions, called "interrogatories" fully and completely under oath and the questions can be about anything so long as they are "reasonably calculated to lead to the discovery of admissible evidence." Thus, they could be very intrusive. A defendant is also required to answer questions in a deposition and that could last several days and can also be very intrusive.
If anything, the legislature should have provided a quick, efficient mechanism for determining if there is even a basis for a claim of "gross negligence" with fees awarded to a defendant who shows there isn't. Otherwise a prudent person might just pass on rendering assistance.