Hit by a Fire Truck in New York, NY? Here's What You Need to Know

If you’ve been hit by a fire truck, you likely have a claim with the city or municipality that owns the fire truck. 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 fire truck was acting within the scope of his employment.

Damages include medical expenses, lost wages, and future lost earning capacity. It may also include property damage, physical pain, loss of enjoyment in life, emotional trauma, and pain and suffering.

Notice of Claim

Under the General Municipal Law § 50-e, any claim made against the city or municipality must be initiated by a notice of claim within 90 days from the incident. The notice of claim allows the government agency to investigate the matter and possibly resolve it before it reaches litigation. For this reason, it is important, once you have been hit by a fire truck, 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 a fire truck, a personal injury attorney can help you prove that:

-       the fire truck driver owed you a duty of care;

-       the fire truck driver breached that duty of care;

-       the fire truck driver’s actions caused you harm; and

-       because of the fire truck 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

A fire truck driver acts within the scope of his employment when he is on official duty doing official tasks for the fire department. Normally, a fire truck driver would only use the fire truck for official duty. However, in the rare instance that the fire truck is not used on official duty, for example, if the fire truck driver used the fire truck for personal errands, the employer may claim that the fire truck 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 a fire truck, 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 a fire truck like a company car to run personal errands.

Evidence Required if You’ve Been Hit by a Fire truck

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

To show that the fire truck 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 fire truck 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 fire truck 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 fire truck driver breached that duty of care that was expected to be observed among all drivers.

To show that the fire truck 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 a city or municipality can be a complex matter. It also requires immediate attention in filing the notice of claim in order to not lose the 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 are applicable when you have been hit by a fire truck) 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 a fire truck, 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].