Accident with Emergency Vehicles on Staten Island
Silive is reporting that a police car was involved in a crash with an SUV today in the Eltingville section of Staten Island. No life-threatening injuries were reported but the police officer was transported to the hospital. The facts and circumstances of the accident are unknown at this time, except that a police car was involved.
In New York City, you may be surprised to learn that in order to hold a police vehicle liable for causing the accident, their actions must be "reckless." Courts have held that "mere violations of the rules of the road do not rise to the level of recklessness" to hold an emergency vehicle liable. If an emergency vehicle proceeds through a stop sign or red light without stopping and does not have its lights or sirens on, a jury could conclude that the driver showed a reckless disregard. If the lights and sirens are on, and the police vehicle is in pursuit, courts have held that the driver's behavior is not reckless even if they are speeding (50 m.p.h. on a City street) or fail to stop at a red light or stop sign.
Police vehicles, ambulances and Fire Department vehicles are emergency vehicles as defined in the New York State Vehicle and Traffic Law 114-b when driving in an emergency operation. The courts have held that emergency operation includes pursuing an actual violator of the law, transporting a sick or injured patient or responding to a fire.
When you are involved in an accident with an emergency vehicle, it is very important that you speak with a lawyer as soon as possible. Your lawyer will have to notify the appropriate New York City agency to preserve the records of the emergency call that the vehicle was responding to. These records may help to prove that the emergency vehicle was not in an emergency operation. The City retains these records for a short time and your lawyer must seek to preserve them immediately.
