What Are Your Legal Rights When Emergency Vehicles Cause Your Auto Accident in New York City?

Understanding Your Rights After an Emergency Vehicle Collision

When sirens blare and lights flash, drivers instinctively pull over to let emergency vehicles pass. But what happens when that police car, ambulance, or fire truck causes an accident? Many New Yorkers are surprised to learn that emergency vehicles can be held liable for accidents they cause, despite common misconceptions about government immunity. From 2016 to 2020, 37 individuals were killed outside disabled vehicles in New York, and nationally, nearly 300 drivers are struck and killed on the roadside every year. These statistics highlight the serious risks on our roads, including those involving emergency responders. If you’ve been involved in an accident with an emergency vehicle, understanding your legal rights and responsibilities is crucial to protecting your interests and securing fair compensation.

???? Pro Tip: Document everything immediately after an accident with an emergency vehicle. Take photos of the scene, collect contact information from witnesses, and note the emergency vehicle’s department, vehicle number, and the names of personnel involved.

When an emergency vehicle accident throws your life off course, Naples Chkolnik is ready to guide you back on track. Let us help you understand and assert your rights in this complex legal landscape. Reach out to us at (844) 234-5481 ou Nous contacter today to secure the compensation you deserve.

Navigating Government Immunity with a Car Accident Lawyer in New York

Government entities, including emergency service departments, generally have sovereign immunity, which traditionally protects them from being sued. However, New York has waived this immunity for specific road negligence claims. If an emergency vehicle driver fails to exercise “reasonable care,” you may have grounds for a claim. Under New York Vehicle and Traffic Law Section 1144-a, emergency vehicle drivers are not relieved from “the duty to drive with reasonable care for all persons using the highway.” Working with a car accident lawyer in New York is essential to navigate these complex legal waters, as proving negligence against a government entity requires skilledii knowledge and experience.

Even when emergency vehicles respond to calls, they must follow certain protocols. While they may exceed speed limits or pass through red lights when necessary, they must do so with due regard for public safety. A car accident lawyer in New York can help determine if the emergency vehicle operator violated these protocols. For instance, if an ambulance speeds through an intersection without its sirens on or a police car makes an unsafe lane change while pursuing a suspect, they may be held liable for resulting accidents and injuries.

???? Pro Tip: Emergency vehicles must use lights and sirens when claiming right-of-way privileges. If only lights were activated (or neither), this could strengthen your claim that the emergency vehicle operator was negligent.

Critical Deadlines: Act Quickly to Protect Your Claim

When it comes to accidents involving emergency vehicles or government entities in New York, timing is everything. Unlike standard personal injury claims, which typically allow up to three years to file, claims against government entities have much shorter notice periods. Understanding these strict deadlines is crucial to preserving your right to compensation with the help of a car accident lawyer in New York.

• 10 Days: File a Report of Motor Vehicle Accident with the Department of Motor Vehicles if the collision caused damage over $1,000 to the property of any one person. Failure to do so can result in suspension of your driver’s license.

• 30 Days: File no-fault related claim notices under New York State Insurance Law Regulation 68.

• 90 Days: According to New York State General Municipal Law § 50-e, personal injury and property damage (tort) notices of claim must be served appropriately within 90 days from the date of occurrence.

• 1 Year and 90 Days: After filing the notice of claim, you generally have 1 year and 90 days to file a formal lawsuit against the government entity.

• Immediate Documentation: As required by New York law, collect driver’s license information, insurance details, and vehicle registration from all motorists involved.

???? Pro Tip: Even if you’ve reported the accident to your insurance company, you must still file the required DMV report within 10 days. As the law states: “When you report a crash or incident to your insurance company, it does not mean your legal obligation is finished.”

How a Car Accident Lawyer in New York Can Help You Secure Fair Compensation

Successfully resolving a claim against an emergency vehicle requires navigating complex legal frameworks. At Napoli Shkolnik, our experienced attorneys understand the intricacies of New York’s laws governing emergency vehicle accidents. A car accident lawyer in New York from our firm can help determine liability, calculate appropriate damages, and ensure all procedural requirements are met when filing against government entities. In fiscal year 2023, the City of New York paid $173.7 million to resolve motor vehicle claims—a 23 percent increase over the previous year—demonstrating that successful claims are possible with proper legal guidance.

When you work with a car accident lawyer in New York who is skilled in emergency vehicle accidents, they will ensure your notice of claim includes all required information. New York City Administrative Code § 7-201 requires a notice of claim to be submitted to the Comptroller’s Office prior to commencing any action against the City of New York. Our attorneys know how to craft these notices to maximize your chances of a favorable outcome. We’ll also help gather crucial evidence, including witness statements, accident reports, and expert testimony, to build a compelling case on your behalf.

???? Pro Tip: Keep detailed records of all medical treatments, expenses, and how your injuries have affected your daily life. This documentation will be crucial for establishing damages when your car accident lawyer in New York negotiates your claim.

Understanding New York’s Move Over Law and Emergency Vehicle Liability

New York’s Move Over Law is critical in determining liability in emergency vehicle accidents. In 2023, this law was expanded, requiring drivers to exercise due care to avoid all vehicles stopped on the roadway, including by changing lanes. This applies to both sides of the roadway, not just the shoulder on the right. For operators of motor vehicles on parkways or controlled access highways, due care includes moving from a lane that contains or is immediately adjacent to the shoulder where an emergency vehicle is displaying lights. Understanding this law is essential when working with a car accident lawyer in New York to establish liability in emergency vehicle accidents.

When Emergency Vehicles Violate Their Own Safety Protocols

While civilians must follow the Move Over Law, emergency vehicle operators have their own set of responsibilities. If an emergency vehicle causes an accident by failing to follow proper protocols, they may be held liable. A car accident lawyer in New York can help determine if the emergency vehicle operator violated safety standards. We’ve observed numerous cases where emergency vehicles have made improper lane changes, failed to activate necessary warning equipment, or operated with unnecessary risk to civilians, all of which can form the basis for a successful claim.

???? Pro Tip: If possible, note whether the emergency vehicle had its lights and sirens activated at the time of the accident. This detail can significantly impact liability determinations.

Documenting the Scene and Gathering Evidence After an Emergency Vehicle Collision

Proper documentation is crucial following any accident, but it becomes even more important when an emergency vehicle is involved. If possible, move your vehicle off the road after an accident and protect the scene with reflectors or flares, while being cautious of any fuel leaks. Take photographs of the accident scene, including all vehicles involved, road conditions, traffic signals, and any visible injuries. This evidence will be invaluable to your car accident lawyer in New York when building your case against a government entity.

Critical Information to Exchange and Document

New York law requires that drivers exchange specific information after an accident: name, address, driver license number, vehicle registration, and insurance information, including policy number and effective date. When an emergency vehicle is involved, also document the vehicle number, department, and personnel names and badge numbers. Leaving the scene of a collision before exchanging information with other motorists is illegal under the New York State Vehicle and Traffic Law, even in cases involving emergency vehicles.

???? Pro Tip: Use your smartphone to record a video statement from the emergency vehicle operator if possible. Their immediate statements about what happened can be valuable evidence if their story changes later.

Types of Compensation Available in Emergency Vehicle Accident Claims

Several types of compensation may be available when pursuing a claim with a car accident lawyer in New York against a government entity for an emergency vehicle accident. These can include medical expenses, lost wages, property damage, and pain and suffering. However, it’s important to note that there may be caps on certain types of damages when suing government entities. Understanding these limitations is crucial to setting realistic expectations for your case.

How Government Entity Claims Differ from Standard Auto Accident Claims

Claims against government entities follow different rules than those against private citizens or companies. While the basic principle of negligence still applies, the procedures, deadlines, and available compensation can vary significantly. A car accident lawyer in New York with experience in government liability cases will understand these nuances and can help navigate the specialized procedures required by the New York City Comptroller’s Office, which is responsible for overseeing the resolution and settlement of claims filed against or on behalf of the City of New York.

???? Pro Tip: Keep track of all economic losses related to your accident, including rental car costs, public transportation expenses while your vehicle is being repaired, and any modifications needed to your home or vehicle due to injuries.

Questions fréquemment posées

Common Legal Concerns After Emergency Vehicle Accidents

After an accident involving an emergency vehicle, many victims have questions about their rights and the unique aspects of these cases. Understanding the legal framework that applies to emergency vehicles can help you navigate the aftermath more effectively.

???? Pro Tip: Before your consultation with an attorney, write down all questions you have about your accident and potential claim. This ensures you don’t forget important points during your meeting.

Next Steps and Legal Process

Knowing what to expect after filing a claim against a government entity can help reduce stress and prepare you for the road ahead. The process typically involves several stages, from initial notice to resolution.

???? Pro Tip: Keep a dedicated folder or digital file for all accident-related documents, including medical records, correspondence with insurance companies, and any communications regarding your claim.

1. Can I sue if an ambulance or police car causes an accident while responding to an emergency?

Yes, you can sue if an emergency vehicle causes an accident, even during a response. While emergency vehicles have certain privileges, New York law still requires them to operate with “reasonable care for all persons using the highway.” If they fail to do so—for example, by speeding through an intersection without sirens or proper caution—you may have a valid claim. However, these cases require specific notice procedures and shorter filing deadlines than standard auto accident claims.

2. What is the deadline for filing a claim against the NYPD or FDNY after an auto accident in New York City?

You must file a notice of claim with the New York City Comptroller’s Office within 90 days of the accident, pursuant to New York State General Municipal Law § 50-e. After filing this notice, you generally have 1 year and 90 days from the date of the accident to file a formal lawsuit. Missing these deadlines typically bars your claim permanently, so consulting with an attorney promptly is crucial.

3. How does New York’s Move Over Law affect liability in emergency vehicle accidents?

New York’s Move Over Law requires drivers to exercise due care when approaching emergency vehicles, including changing lanes when possible or slowing down. In 2023, this law was expanded to require drivers to exercise due care to avoid all vehicles stopped on the roadway. If you failed to comply with this law during an accident, it could affect liability determinations. However, the law doesn’t absolve emergency vehicle operators from their duty to drive safely, so comparative negligence principles may apply.

4. What compensation can I recover if an emergency vehicle damages my car in New York?

You may be entitled to recover the cost of repairs, diminished value of your vehicle, rental car expenses, and other property damage. If you sustained injuries, you could also claim medical expenses, lost wages, and pain and suffering. However, claims against government entities in New York often have specific limitations and procedures. The City of New York paid $173.7 million to resolve motor vehicle claims in fiscal year 2023, showing that proper legal representation makes successful recovery possible.

5. Do I need to hire an attorney for an emergency vehicle accident in New York?

While not legally required, hiring an attorney is strongly recommended for emergency vehicle accidents. These cases involve complex sovereign immunity issues, strict filing deadlines, and specialized notice requirements that differ from standard accident claims. An experienced attorney will navigate these complexities, properly value your claim, and ensure all procedural requirements are met to maximize your chances of a favorable outcome.

Work with a Trusted Auto Accidents Lawyer

When facing the aftermath of an emergency vehicle accident, having knowledgeable legal representation can make all the difference. The attorneys at Napoli Shkolnik possess the skilled knowledge needed to navigate claims against government entities in New York. Our team understands the nuanced procedures required when filing against the NYPD, FDNY, or other emergency service departments, among the most frequently sued agencies for car accidents in New York City. We’re committed to guiding you through every step of the process, from filing the initial notice of claim to achieving a fair resolution that addresses all your damages.