The New York State Department of Motor Vehicles confirms that nearly 2 people are injured every day in accidents involving emergency vehicles. The very people entrusted to help save lives are causing serious personal injury and sometimes death every day on our streets, often due to speeding and reckless driving. Emergency vehicle accident lawyers help their victims get justice.
Why Choose Us?
Always Ready
The emergency vehicle accident attorneys at Tucker Lawyers PC have the experience necessary to handle these complex claims. All accidents require a thorough investigation to establish the facts, but accidents involving emergency vehicles require a more in-depth investigation to determine the nature of the call and whether the policy and standard operating procedure for emergency vehicle operators were followed. Let us put our decades of experience to work for you to ensure that you receive the compensation that you deserve.
For a free consultation and case review, contact Tucker Lawyers today. Our emergency vehicle accident attorneys are ready to listen and help. Call (516) 399-2364 today.
Emergency Vehicle Accidents: Who’s Liable?
New York law requires vehicles to pull over when emergency vehicles are attending to an emergency. Emergency vehicles are authorized to break various traffic laws while in emergency status. However, there are limits and rules of liability that can result in drivers and other parties being found liable.
Lights and Sirens
If an emergency vehicle is in an accident during an emergency, the driver and the city agency will be shielded from liability if:
- The emergency vehicle’s lights were on.
- The emergency vehicle’s sirens were activated.
If either one or the other, but not both, were activated, the driver and the driver’s employer may be held accountable for the consequent damages. However, proving one or the other was not activated can be a difficult task, depending on the availability of key evidence.
Video Footage
How do you prove that an emergency vehicle did not have sirens or emergency lights activated? It depends on what evidence is accessible. Traffic cam footage is very valuable. However, it may be deleted quickly. Additionally, many traffic cams do not record. Instead, they are real-time monitors for the Department of Transportation. Many also do not take video footage but take still shots that are frequently blurry. Other types of cameras, such as business surveillance and residential cameras, can prove effective. Owners, however, often delete their recordings to free up space.
Witnesses
In some cases, old-fashioned witness testimony comes through as the necessary evidence. To be reliable, it should be recorded as soon after an accident as possible. Memories of an accident can degrade or change over time, making them suspect. A statement is the most trustworthy when it is recorded immediately or soon after an accident.
Context Matters
Ultimately, context matters. Regardless of the special rules afforded to emergency vehicles, drunk driving nullifies those protections, even if the sirens and lights are activated. Additionally, emergency vehicle drivers do not have carte blanche to drive however they please when addressing an emergency.
For example, a fire engine driver en route to an emergency may not intentionally drive into or over a vehicle or bicycle in the way. Doing so would likely result in one or more injuries or fatalities, making it absurd to allow for blanket immunity.
For another example, consider an emergency vehicle not en route to an emergency. If it crashes into you, who pays? In New York, personal injury protection insurance (PIP) takes care of some of your economic losses initially, including:
- Medical bills
- Limited lost income
- Reasonable expenses related to the accident.
In some cases, such as those involving serious injuries, you may be able to pursue a liability claim against the emergency vehicle driver and their employer, depending on the circumstances of the accident. In this case, your access to damage expands to include:
- Full lost-wage compensation
- Pain and suffering
- Other intangible damages.
Regarding damage to your vehicle, you may seek compensation from the at-fault driver. Otherwise, you can file a claim with your insurance company under your collision policy if you possess such coverage.
The team at Tucker Lawyers is ready to fight for you.
New York Emergency Vehicle Accident FAQs
The following answers will help you understand more about emergency vehicle accidents and your right to compensation. If you need further information, our attorneys are ready to take your call.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death, the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality, the time to bring a claim is significantly shorter depending on who the claim is against, so you should consult with an attorney immediately.
Do I have to pay any legal fees if I lose my case?
Our attorneys work on a contingency fee basis which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation, then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different, but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our clients’ cases, generally resolving cases years faster than any other firm.
Does No-Fault pay for anything else?
No-Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services.
Got more questions? Get more answers by contacting our office at your convenience.
Get Help from an Emergency Vehicle Accident Lawyer Today
Take the Next Step
At Tucker Lawyers, our team of attorneys and investigators works diligently to flush out the facts to determine who’s liable and how much they owe. Emergency vehicle accident cases often present challenges, but they are nothing our attorneys can’t handle.
Call our office at (516) 399-2364 for a free consultation. Learn about your rights to compensation and how Tucker Layers can help. Contact us today!
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]