Line-of-Duty Injury Lawyer Blog
A New York State trooper was injured and hospitalized after her marked patrol vehicle was struck by an out-of-control car on the New York State Thruway in Erie County.
The crash occurred in the early morning hours of February 7, in Lancaster. Two state troopers had pulled over on the left shoulder to assist a disabled motorist. Their patrol car was positioned with emergency lights activated as the officers rendered assistance.
While the troopers were outside their vehicle, a Kia sedan traveling westbound reportedly lost control, spun out, and slammed into the back of the marked cruiser. The force of the crash pushed the patrol vehicle forward, striking one of the troopers and throwing her off the shoulder of the roadway into the snow.
The injured trooper was transported to Erie County Medical Center, thankfully, with non-life-threatening injuries and later released.
Legal Rights of Injured Police Officers Under New York Law
Line-of-duty crashes like this one are, unfortunately, far too common on New York roadways—particularly during overnight hours and winter driving conditions. When police officers are injured due to the negligence or statutory violations of others, New York law provides powerful civil remedies beyond standard workers’ compensation benefits.
Under General Municipal Law §205-e, a police officer injured in the line of duty may bring a civil lawsuit against a negligent driver or other responsible party if the injury resulted from a violation of a statute, ordinance, rule, or regulation. In roadway incidents, this often includes violations of the New York Vehicle and Traffic Law, such as failing to move over for emergency vehicles, driving too fast for conditions, or operating a vehicle without due care.
In addition, General Obligations Law §11-106 allows injured officers to pursue full personal injury damages—including pain and suffering—against negligent third parties. This statute ensures that officers injured while protecting the public are not unfairly barred from seeking compensation simply because they were performing their duties.
Move Over Laws and Emergency Vehicle Safety
New York’s “Move Over” law requires drivers to exercise due care and, when possible, change lanes or slow down when approaching stopped emergency vehicles with lights activated. Alleged failures to comply with these safety laws frequently form the basis of GML §205-e claims.
When drivers lose control near active emergency scenes, the consequences can be devastating for first responders who are exposed outside their vehicles.
Standing Up for Injured Officers
Police officers put themselves in harm’s way every day to assist stranded motorists and keep roadways safe. When negligence turns a routine assist into a serious injury, the law provides a path to accountability.
If you or a fellow officer has been injured in the line of duty due to a motor vehicle crash or other unsafe condition, it is critical to understand your rights under GML §205-e and GOL §11-106.
For more updates on line-of-duty injuries and the legal protections available to New York’s first responders, follow the NY Line of Duty Injury Blog.
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.