Car Accident

Police and other first responders have the authority to activate emergency lights and sirens and travel in excess of the speed limit in certain circumstances. They must nonetheless do so with care, however, to avoid causing inadvertent harm. If a police officer operates their vehicle recklessly and collides with another motorist, they may be liable for negligence. Recently, a New York court discussed the standard of liability for police officers involved in collisions in a case in which it ultimately determined that the factual issues must be resolved by a jury. If you were hurt in a collision involving a first responder, it is prudent to meet with a Rochester personal injury attorney to discuss your possible claims.

Facts of the Case

It is alleged that the plaintiff was driving her vehicle when she was struck by a patrol car driven by the defendant sheriff, who was working on behalf of the defendant city. The defendant sheriff was in the process of responding to a dispatch regarding an armed robbery in progress at the time of the crash.

Reportedly, the defendant sheriff attempted to pass the plaintiff on the left when the plaintiff was making a left turn and hit the plaintiff’s car. The plaintiff, who suffered injuries in the accident, filed negligence claims against the defendants. The defendants moved for summary judgment, but their motion was denied. They appealed. Continue reading

Generally, in a lawsuit arising out of a car accident, the party named as a defendant will be the driver of a vehicle involved in the collision. In some cases, though, other parties may be deemed liable for harm arising out of a car accident. Specifically, as shown in a recent New York ruling issued in a car crash case, if a person drives with reckless disregard for the safety of others, they could be found liable for any harm that ensues, even if they were not involved in the crash. If you were injured in a collision, it is wise to consult a Rochester, personal injury attorney about your potential claims.

The Facts of the Case

It is reported that in November 2011, the plaintiffs, who were police officers, were driving in a police vehicle. They then witnessed a high-speed chase involving another police department and the defendant driver. The defendant driver and the other police vehicle were driving at approximately 100 mph through a high-traffic area when the defendant driver lost control of his vehicle and collided with the plaintiffs’ vehicle.

Allegedly, the plaintiffs both suffered injuries, after which they filed a lawsuit against the defendants. The defendant police officers filed a motion for summary judgment, arguing that they could not be deemed liable for the collision as they were not involved in the collision. The trial court granted the motion, and the plaintiffs appealed. Continue reading

Articles Posted in Car Accident

Court Examines the Standard of Liability for Collisions Involving Police Officers in New York

New York Court Examines Liability Arising Out of the Reckless Disregard for the Safety of Others