“Defendant claims that a public employee was not required to comply with Vehicle Code section [] because she was operating an authorized emergency vehicle and was responding to an emergency at the time of the accident. To establish that the public employee was not required to comply with section [], Defendant must prove all of the following: 1. That the public employee was operating an authorized emergency vehicle; 2. That the public employee was responding to an emergency situation at the time of the accident; and 3. That the public employee sounded a siren when reasonably necessary and displayed front red warning lights. If you decide that Defendant proved all of these things, then you cannot find it negligent for a violation of section []. However, even if you decide that Defendant proved all of these things, you may find it negligent if the public employee failed to operate her vehicle with reasonable care, taking into account the emergency situation.”
[CACI Jury Instructions [citations omitted]]
