Traveling in excess of the speed limit alone does not constitute a predicate for liability since it is expressly privileged under the Vehicle and Traffic Law. The Court found that the officer's actions did not, as a matter of law, overstep the limits of the statutory qualified privilege for drivers of emergency vehicles.
The officer's top speed of 60 mph was reasonable for police pursuit on a relatively empty residential street and the risk posed by wet roads and possibility of traffic was a risk the officer was entitled to take in light of the interest in stopping a motorist whose conduct was a clear and immediate threat to safety. Similarly, in Sczerbiak v. Pilat, 17 a police officer struck a bicyclist while responding to a police dispatch report of five males fighting a few miles away.
During the moment of impact, the officer momentarily glanced down from the road in order to turn on his emergency lights. There was conflicting testimony as to whether the officer was driving 39 mph or in excess of 55 mph. There was testimony at trial that the bicyclist darted out in front of the officers car midblock, rather than from an intersection. The Court affirmed the order of the Appellate Division granting judgment as a matter of law for the defendant.
Applying the reckless disregard standard, it held that a momentary lapse of judgment alone does not rise to the level of recklessness required of the driver of an emergency vehicle in order to subject him to liability. In Palella v. New York, 18 a police officer was engaged in a high-speed pursuit with a group of minors driving a stolen vehicle.
The ensuing chase lasted for approximately 15 minutes at speeds up to 70 mph on a curved road. The officer lost sight of the stolen vehicle, but continued pursuit until he observed that the vehicle had overturned on a curve down a hill, causing severe injuries to the claimant, a passenger in the stolen vehicle.
The Court held that in order to judge whether the operator of an emergency vehicle ignored a grave risk, which was likely to result in harm to others, the reasonableness of the driver's conduct must be gauged at the time and under the circumstances in which he acted, not in retrospect. The Court reversed the lower court and granted the defendant's motion for summary judgment on the grounds that the officer's conduct was reasonable under all the known circumstances and that it was clearly proper for him to initiate pursuit of a stolen vehicle and to maintain pursuit given the erratic manner in which the vehicle was being operated.
In contrast, in Campbell v. City of Elmira, 19 a fire truck entered an intersection at a speed of mph against a red light when it collided with a motorcyclist. The fire truck was responding to a general alarm at the county jail. At trial there was conflicting testimony regarding whether the fire truck driver accelerated into the intersection without looking for oncoming motorists, whether any emergency sirens were heard and whether the defendant driver knew the color of the light before entering the intersection.
The court upheld the verdict and found that the jury had a rational evidentiary basis to find that speeding through an intersection against a red light indifferently and in disregard of any modicum of statutorily required attentiveness 20 constitutes such a conscious disregard even during an emergency. In Dugan v. Longo, 21 a paramedic was injured while aboard an ambulance that was involved in a collision while responding to an emergency call.
The driver of the ambulance attempted to pass a vehicle stopped in front of it by moving to the left and into the oncoming lane of traffic. The stopped vehicle then turned left into the path of the emergency vehicle causing the collision. The Court held that the standard of reckless disregard is applicable even where the injured party was a passenger in the authorized emergency vehicle. The Court upheld the jury verdict finding that the operator of an emergency vehicle could be held liable for the paramedic's injuries if he operated the vehicle with a reckless disregard for the safety of others.
The reasonableness of the operator's conduct must be gauged at the time and under the circumstances in which he acted, not in retrospect. A driver must use a horn and siren and as long as there is no reckless conduct, then an emergency is deemed to be in the eye of the beholder.
Michael Reiner, a law student, assisted in the preparation of this article. NY CLS Vehicle and Traffic Law b defines an emergency operation as follows: The operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, transporting prisoners, delivering blood or blood products in a situation involving an imminent health risk, pursuing an actual or suspected violator of the law, or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or fire, actual or potential release of hazardous materials or other emergency.
Emergency operation shall not include returning from such service. NY CLS Vehicle and Traffic Law defines an authorized emergency vehicle as follows: Every ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, blood delivery vehicle, county emergency medical services vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordinance disposal vehicle of the armed forces of the United States.
NY CLS Vehicle and Traffic Law b prescribes the following actions as permissible when exercised by the driver of an emergency vehicle engaged in an emergency operation: 1 stop, stand or park irrespective of the provisions of this title; 2 proceed past a steady red signal, a flashing red signal or a stop sign, but only after slowing down as may be necessary for safe operation; 3 exceed the maximum speed limits so long as he does not endanger life or property; 4 disregard regulations governing directions of movement or turning in specified directions.
Arizona , where it was decided that anyone who has been arrested must be informed of their rights. Those rights include the right to not speak to police and if they do, their statements could be used in a court of law. Their rights also include the right to an attorney, whether it's an attorney they choose or a court-appointed lawyer. According to Police Magazine, "Mirandarize" is most commonly used in the South.
When a cop talks about the utility belts they wear, there's a good chance they'll call them a " Sam Browne ," named after General Sam Browne , who c ame up with the idea of wearing a second belt over his right shoulder after losing his left arm making it difficult for him to draw his sword. Used especially in New York City, saying " put a rush on the bus " refers to when a cop wants an ambulance to respond quickly. It'd most likely be used when a victim's injury appears life-threatening.
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