Hit By An Ambulance in New York, NY? Here's What You Need to Know.

If you've been hit by an ambulance, you likely have a personal injury claim against the ambulance driver and his employer. An employer is liable for damages caused by a negligent driver under the theory of vicarious liability, for as long as the employee driving the ambulance was acting within the scope of his employment.

In order to know the maximum period in which to file a claim, you need to know whether the ambulance is owned by a private company or private hospital or a public entity or government hospital. Ambulances can be owned and operated by various entities such as private companies that provide emergency medical services or by a government hospital or a city or municipal health department. If the ambulance is owned privately, you have 3 years from the time of the accident to file your claim. But if the ambulance is owned by the city or municipality, you need to file a notice of claim within 90 days from the accident. This notice of claim is provided under General Municipal Law § 50-e and provides the government agency the chance to investigate the matter and possibly resolve it before it reaches litigation.

For these reasons, if you have been hit by an ambulance, it is important to know the type of entity that owns the ambulance. This will dictate whether you need to file a notice of claim or not. This notice of claim is important to preserve your right to file an negligence o it is important, once you have been hit by an ambulance, to contact a personal injury attorney immediately in order to file this notice of claim with the city or municipality. The notice of claim includes details, such as the nature of the claim, date and location of the incident, and other relevant information regarding the case. Failure to file this notice of claim within 90 days can lead to the dismissal of your lawsuit.

Elements of Negligence

If you've been hit by an ambulance, a personal injury attorney can help you prove that:

• the ambulance driver owed you a duty of care
• the ambulance driver breached that duty of care
• the ambulance driver's actions caused you harm
• because of the ambulance driver's actions, you've suffered a physical, emotional, and/or financial injury

In addition to the regular elements of negligence, your personal injury attorney must also prove that the driver was acting in the scope of his employment in order for the employer to be liable.

Acting Within the Scope of Employment

An ambulance driver acts within the scope of his employment when he is on official duty doing official tasks for the fire department. Normally, an ambulance driver would only use the ambulance for official duty. However, in the rare instance that the ambulance is not used on official duty, for example, if the ambulance driver used the ambulance for personal errands, the employer may claim that the ambulance driver was not acting within the scope of employment at the time that you were injured. However, due to the nature of work required in driving an ambulance, more often than not, the driver will always be on duty and acting within the scope of his employment, because the driver generally does not use an ambulance like a company car to run personal errands.

Evidence Required if You've Been Hit by an Ambulance

Gathering documentary and testimonial evidence is the first step to a successful claim.

To show that the ambulance driver owed you a duty of care, your personal injury attorney can present the current traffic regulations prevailing for that particular area at that particular time the accident occurred. The traffic regulations show the standard of care required, which must be observed by all drivers.

To show that the ambulance driver breached that duty of care, your personal injury attorney must show some violation of the standard of care expected among drivers. For example, if the ambulance driver negligently ran a red light, violently swerved, was in the wrong side of the road, or was overspeeding, which led to the accident, one can argue that the ambulance driver breached that duty of care that was expected to be observed among all drivers.

To show that the ambulance driver's actions caused you harm, your personal injury attorney must establish a causal relation between the breach and the damage. Contentious issues arise when an injury does not immediately appear after an accident. Sometimes, the initial injury is mild but becomes worse after time. This gives the employer the defense that the later injury was not caused by the accident.

Lastly, damages can be proven by medical reports regarding the injuries, photographs of the accident scene, photographs of injuries, medical bills and expenses, and a list of all property damage and repair expenses. If you are claiming for lost wages and future lost earning capacity, you need to show pay stubs, bank statements, and tax returns to show how much you were earning and a medical report from your doctor stating the time you need to stay home for recovery.

Filing a case against when you've been hit by an ambulance can be a complex matter. Knowing whether to file a notice of claim or not is important to preserve your right to file a lawsuit. A personal injury attorney can guide you through the process, ensuring you do not lose your cause of action.  Although you have three years to file a negligence claim with the court, cases against cities and municipalities (which may be applicable when you have been hit by an ambulance owned by a government entity) require a shorter claim period due to the notice of claim. Most lawyers will accept personal injury cases on contingency, where payment is made as a percentage fee based on the success of the case.

If you've been hit by an ambulance and need assistance, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].