An emergency vehicle, according to New York’s Vehicle and Traffic Law 114(b), assists at the scene of an accident, disaster, police call, fire alarm, release of hazardous materials, or other emergencies. As such, it may refer to any government authority vehicles such as an ambulance, a police car, or a fire truck.
Emergency vehicles can cause road accidents in New York. Most are preventable if the driver is mindful of the public’s safety.
The Responsibilities of Emergency Vehicle Drivers
An emergency vehicle is a property of the state — or at least of the municipality it serves. It must arrive at the scene of an emergency as swiftly as possible. Therefore, the State’s laws may allow sirens, horns, or flashing lights on it. But this does mean the vehicle’s driver should endanger the safety of motorists and pedestrians along the route.
Emergency vehicle drivers enjoy a qualified immunity that enables them to perform their duties without restrictions. They may disregard speed limits, red lights, stop signs, and traffic restrictions to get to the scene, but they can’t disregard public safety.
The qualified immunity does not protect them from the consequences of their negligence or reckless disregard of public safety.
The Aftermath of an Emergency Vehicle Accident
Under New York’s No-Fault Law, you may file a no-fault claim and receive compensation for sustained injuries from an accident that involves government-operated public transportation.
Similarly, the law enables you to file a claim with your insurance company in the event of an emergency vehicle accident. You may receive a maximum of $50,000 for economic losses such as medical expenses, therapeutic services, and lost wages.
Keep in mind, however, that you may only file a no-fault claim within 30 days of the incident.
Keep in mind, however, that you only have 90 days to file a notice of claim against the state or municipality that owns the emergency vehicle.
Emergency vehicle drivers have a responsibility to protect public’s safety while on official duty. You may file a legal case if the emergency vehicle operator was negligent in his duties and caused you to sustain injuries in his or her reckless disregard.
As a former prosecutor in New York, I can help you with a personal injury lawsuit regarding an emergency vehicle accident. My professional legal services come with a personal touch.
Call today for a consultation.
