This site is intended for individuals with questions regarding wrongful death and other negligence issues in the State of New York. For more information, go to our web site www.foleygriffin.com, or call (800)991-2773. The information contained herein is a general guide for informational purposes only. This blog site is not intended to create an attorney-client relationship. You should not act or rely on any information contained from this site.
May 15, 2009
Car Accident-Police Reckless Conduct
On occasion, a police or emergency vehicle is involved in a car accident while responding to a police, fire or medical crisis. These cases are different than the ordinary car crash involving non-police vehicles. In particular, the standard of proof necessary to prove a case against a police officer is greater than that of an ordinary motorist. Police are given what is known as a "qualified privilege" meaning they can only be sued if their conduct rises to the level of "reckless disregard" of the safety of others. This is harder to prove than the standard of negligence required in an ordinary car accident. Recently a police officer was found responsible for an accident when it was determined that his conduct in stopping short on the L.I.E. contributed to the happening of an accident. The case, known as Tutrani v. County of Suffolk, was recently decided in the Appellate Division, Second Department of our State.