IN HOT PURSUIT Q: In the early evening, a police officer was sitting in his patrol car. He observed a van that fish-tailed and squealed its tires while making a turn. The officer decided to follow it. In response, the driver speeded through a stop sign. The officer activated his red lights. The van pulled away. The officer turned on his siren. The van drove into a lane for oncoming traffic and ran a red light. Then it collided with my car. A: Under the Vehicle and Traffic Law, the police officer is permitted to proceed past red traffic lights and stops signs, exceed the speed limit and disregard regulations regarding the direction of traffic – as long as she is not reckless. As long as she has not acted in reckless disregard for the safety of others, then her conduct in pursuing a suspected lawbreaker may not form the basis of civil liability to an injured third party, like you. The duties of police officers and other emergency personnel often bring them into conflict with the rules and laws that are intended to regulate citizens’ daily conduct. Consequently, where necessary to carry out their important responsibilities, police officers and the like are afforded a partial privilege to disregard those laws. Emergency personnel must routinely make conscious choices that will necessarily escalate the over-all risk to the public at large. So long as she is not reckless, the operator of an emergency vehicle is free to perform her duties unhampered by the precisely normal rules of the road. Split-second decisions must be made in the field under highly pressured conditions. In order to save life or property or to apprehend miscreants, emergency personnel are permitted to act decisively and to take calculated risks. Having observed erratic and dangerous driving on the part of the van driver, the officer was duty-bound to investigate, using all reasonable means, including pursuit, to stop the lawless vehicle’s forward progress. The conduct the officer observed was far more serious than whatever minor traffic infractions she may have committed. Under these circumstances, the officer had the right to use whatever means are necessary – short of recklessness – to overtake and stop the offending driver. Ronald Fatoullah Named “Best Lawyer” in 2014 Ronald Fatoullah has been selected as one of New York’s “Best Lawyers®” in the fields of elder law, & trusts & estates for 2014. This inclusion marks the eighth consecutive year that attorney Fatoullah has been added to the list of the top attorneys in the New York area. Ronald Fatoullah & Associates has continued their tradition of excellence, by providing outstanding services for more than 30 years. Their commitment to the highest form of professional and ethical standards, has earned the firm its distinguished reputation as one of the foremost firms in the areas of elder law, estate planning, Medicaid eligibility, Medicaid applications, estate mediation, special needs planning, preparation of wills & trusts, probate, guardianships, planning for same sex couples and veteran’s planning and benefits. 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING www.queenscourier.com | may 2014 | lehavre Courier 9 THE ART OF ELDER LAW. Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 VIDEOgraphErs WantED! The Queens Courier is looking for a talented pair of eyes to join our team. Experienced, knowledgeable Videographers should contact tonia Cimino at [email protected]
LH052014
To see the actual publication please follow the link above