ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/5-106 (2026)

Except for willful or wanton conduct, neither a local public entity, nor a public employee acting within the scope of his employment, is liable for an injury caused by the negligent operation of a motor vehicle or firefighting or rescue equipment, when responding to an emergency call, including transportation of a person to a medical facility

✓ current as of May 2026
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(745 ILCS 10/5-106) (from Ch. 85, par. 5-106)
    Sec. 5-106. Except for willful or wanton conduct, neither a local public entity, nor a public employee acting within the scope of his employment, is liable for an injury caused by the negligent operation of a motor vehicle or firefighting or rescue equipment, when responding to an emergency call, including transportation of a person to a medical facility.
(Source: P.A. 84-1431.)


 
    (745 ILCS 10/Art. VI heading)
ARTICLE VI--MEDICAL, HOSPITAL AND PUBLIC HEALTH ACTIVITIES

    
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1999–2025 · leading case: Harris v. Thompson, 2012 IL 112525 (Ill. 2012).
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Harris v. Thompson, 2012 IL 112525 (Ill. 2012). · cites it 3× “” 745 ILCS 10/5-106 (West 2002). A reason for this limited immunity is that if an emergency vehicle operator were haunted by the possibility of facing devastating personal liability for actions taken in the course of responding to an emergency, driver performance would be…”
Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). “” 745 ILCS 10/5-106 (West 2010). ¶ 85 This provision clearly identifies the immunized conduct as “negligent,” yet it also contains an explicit exception for willful or wanton conduct.”
Dawn E. Carter, Now Known as Dawn E. Trojaovich v. Randall Simpson, Now Known as Dudley Randall R. Simpson, 328 F.3d 948 (7th Cir. 2003). “745 ILCS 10/5-106; see Young v. Forgas, 308 Ill.”
Randich v. Pirtano Const. Co., Inc., 804 N.E.2d 581 (Ill. App. Ct. 2004). “We also note that, under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/5-106 (West 2000)), while a firefighter is insulated from liability for his or her negligent acts, a fireman is liable for his or her own acts of willful and wanton…”
Unique Ins. Co. v. Tate, 2022 IL App (1st) 210491 (Ill. App. Ct. 2022). “The City moved for summary judgment, arguing that it was immune from liability for negligently operating a motor vehicle under the Local Governmental & Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/5-106 (West 2016)) unless there is an allegation of willful and…”
Hicks v. City of O'Fallon, 2019 IL App (5th) 180397 (Ill. App. Ct. 2019). · cites it 2× “745 ILCS 10/5-106 (West 2016). Section 5-106 of the Tort Immunity Act provides the following: “§ 5-106.”
Hicks v. City of O'Fallon, 2019 IL App (5th) 180397 (Ill. App. Ct. 2020). · cites it 2× “745 ILCS 10/5-106 (West 2016). Section 5-106 of the Tort Immunity Act provides the following: “§ 5-106.”
Hatteberg v. Cundiff, 2012 IL App (4th) 110417 (Ill. App. Ct. 2012). · cites it 4× “The trial court dismissed two counts after it determined defendant fell within the parameters of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/5-106 (West 2008)), and therefore was not subject to liability for negligence.”
Wilkins v. Williams, 2012 IL App (1st) 101805 (Ill. App. Ct. 2012). “” 745 ILCS 10/5-106 (West 2006). The legislature wanted to immunize public employees’ and entities’ negligent operation of a motor vehicle in an emergency, and it expressly stated its intent in the Tort Immunity Act.”
Young v. Forgas (Ill. App. Ct. 1999). · cites it 5× “" 745 ILCS 10/5-106 (West 1994). The general policy underlying the limited immunity provided in section 5-106 of the Tort Immunity Act is that emergency vehicle operators should be shielded from person­al liabil­i­ty for actions taken while responding to an emergency.”
Hatteberg v. Cundiff, 966 N.E.2d 995 (Ill. App. Ct. 2012). · cites it 4× “The trial court dismissed two counts after it determined defendant fell within the parameters of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/5-106 (West 2008)), and therefore was not subject to liability for negligence.”
Williams v. City of Evanston (Ill. App. Ct. 2007). · cites it 2× “As such, defendants argued that plaintiffs could not establish that defendants violated a duty of care to plaintiffs under sections 2-202 (745 ILCS 10/2-202 (West 2006)) and 5-106 (745 ILCS 10/5-106 (West 2006)) of the Tort Immunity Act.”
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