New York State has passed laws that protect Buffalo’s emergency responders from being sued under specific circumstances. The mere fact that a driver was in a police car, however, does not automatically bar a successful personal injury lawsuit. Instead, the specific circumstances surrounding the case must be examined.
Vehicle and Traffic Law section 1104 provides that when an authorized emergency vehicle is engaged in an “emergency operation,” the operator may (1) stop, stand or park regardless of the provisions of the Vehicle and Traffic Law; (2) proceed past a steady or flashing red light or stop sign after slowing down to ensure the safe operation of the vehicle; (3) exceed the maximum speed limits so long as he or she does not endanger life or property; and (4) disregard regulations concerning directions of movements or turning.
When an emergency vehicle is engaged in an emergency operation and an accident occurs as a result of one of the above actions, the plaintiff must establish that the driver acted with reckless disregard for the safety of others. This is a much higher standard than the negligence standard needed to establish fault in most motor vehicle accidents.
If, however, the driver was not engaged in an emergency operation, or was engaged an emergency operation but caused a motor vehicle accident by engaging in conduct not listed in Vehicle and Traffic Law section 1104, this ordinary negligence standard applies.
If you have been involved in a motor vehicle accident and have any questions, please feel free to call us at 716-542-5444. We would be happy to help you.
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