Legal Question in Personal Injury in New York
I was in an mva with a police car. I was at a stand still and was struck from behind. My bus became airborne and landed some what on his cruiser. I was told because he had on his lights they have immunity from being sued. There was nowhere from me to go. Traffic was bumper to bumper and I dont see that as being fair that now I'm out of work for him running into me
5 Answers from Attorneys
The advice you received is not entirely true. While the police do, under limited circumstances, enjoy immunity, the circumstances you described may give you a right to pursue a claim. Please contact me for a free consultation.
It is true that police have immunity, however, some liability on police may still be found depending on the circumstances of the case. If you have injuries from the accident, feel free to contact my office at 718-616-1414.
The prior answer you have was not entirely correct. Emergency vehicles with lights/sirens on and responding to an emergency call will sometimes have some privilege. However, this is not always the case. They must still not be negligent, given all the circumstances, in causing the accident. If you were at a standstill and not moving then the officer should have seen you and used some caution as he sped to his call. Usually, a hit in the rear where the claimant is not moving would constitute negligence against the police officer. It seems like you may have a viable claim. You should obtain a police report as soon as possible. You may also need to complete some other forms if a "mistake" was made on the actual police report. Regardless, you may still be entitled for lost time from work due to your injuries. Call for a free consultation and let us explain all of your rights to you. Since this claim is against the City you have a limited amount of time in which to file your claim. So call us today at 347-702-4133 or email me with any questions at [email protected].
Sometimes police, firefighters and ambulance drivers are judged on a standard of recklessness, as opposed to ordinary negligence, but only if circumstances warrant. You have enough information from my colleagues to know you should speak with a lawyer, soon. Best, M. E. Zuller
All claims against the City of NY require the serving of a written Notice of Claim within 90 days of the incident. The value of your claim will depend on the severity of your injury and losses.