A recent incident in the Hudson Valley underscores a danger police officers face every day — and an important legal right many officers are not aware they have.
On January 25, during a winter storm, a New York State Police trooper stopped on the Taconic State Parkway to assist a disabled motorist. The patrol vehicle was parked in the northbound lanes with all emergency lights activated. While the trooper was rendering aid, another northbound vehicle traveling on the snow-covered roadway rear-ended the stopped police cruiser.
The facts of this incident raise a critical legal issue: what happens when an officer is injured in a crash like this?
Under New York law, police officers injured in the line of duty are not limited to line-of-duty benefits or workers’ compensation. In many cases, they have the right to bring a civil lawsuit against the negligent driver.
Police Officers Can Sue for Line-of-Duty Injuries in New York
For years, the so-called firefighter’s rule prevented police officers from suing for injuries sustained while performing their duties. That rule has largely been abolished by statute. Today, New York police officers have powerful legal protections under two separate laws:
- General Municipal Law § 205-e
- General Obligations Law § 11-106
These statutes exist specifically to protect officers injured because someone else failed to follow the law or acted negligently.
Rear-End Crashes and GML § 205-e
General Municipal Law § 205-e allows a police officer to sue when an injury is caused directly or indirectly by another party’s violation of a statute, rule, or regulation.
In a scenario like the Taconic Parkway crash, potential statutory violations may include:
- New York Vehicle and Traffic Law provisions requiring drivers to exercise due care,
- Laws requiring drivers to slow down and move over for emergency vehicles with activated lights,
- Regulations governing safe driving in hazardous weather conditions.
If an officer is injured while assisting a motorist and a driver struck a properly stopped patrol vehicle with emergency lights activated, that officer could potentially bring a § 205-e claim based on the driver’s failure to comply with traffic and safety laws.
Importantly, § 205-e does not require the officer to prove traditional negligence alone. The statute was designed to give officers broader protection than ordinary personal injury plaintiffs.
Ordinary Negligence Claims Under GOL § 11-106
Even when no specific statute is violated, General Obligations Law § 11-106 gives police officers the right to sue for ordinary negligence.
This law abolished the firefighter’s rule for police officers and firefighters, allowing them to recover damages when their injuries are caused by another person’s negligent, reckless, or intentional conduct — so long as the defendant is not the officer’s employer or another officer.
In a rear-end collision involving a civilian driver, § 11-106 allows an injured officer to pursue damages for:
- Pain and suffering
- Lost earnings
- Future medical care
- Permanent disability
These damages are not available through NYPD LOD benefits or workers’ compensation or General Municipal Law § 207-c benefits alone.
Line-of-Duty Benefits and Lawsuits Are Not Mutually Exclusive
A critical point officers should understand is this:
Receiving line-of-duty benefits does not prevent an officer from filing a lawsuit.
NYPD LOD benefits and workers’ compensation and § 207-c benefits provide wage replacement and medical coverage. Civil lawsuits under GML § 205-e and GOL § 11-106 exist to hold negligent parties accountable and to compensate officers fully for the harm they suffer.
Why These Cases Matter
Officers are routinely injured while:
- Assisting disabled vehicles
- Conducting traffic stops
- Securing accident scenes
- Working in hazardous weather conditions
The law recognizes that officers should not bear the financial and physical consequences of other people’s carelessness, especially when they are injured while protecting the public.
While the recent Taconic Parkway crash thankfully resulted in no injuries to the officer, similar incidents often do not end as well. When an officer is hurt, understanding these legal protections can make a life-changing difference.
We are experienced New York line-of-duty injury attorneys representing injured police officers and other first responders, including EMTs and Paramedics. You may have a right to sue for your injuries. Call us to discuss your legal rights at 212.425.1401, ext. 3009, or 914.725.3632 or contact us online.