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