NYPD Vehicle Brutally Strikes a Pedestrian

The New York Daily News reported today that a marked NYPD police car responding to a crime scene struck a teen girl in the Bronx early Saturday morning:

Witnesses told the newspaper that the police car was speeding and passed a red light. Police spokespersons, however had a different version: that their sirens and lights were on when they took off to respond to a stabbing.

The unidentified 13-year-old girl was hit on Grand Concourse at East 170th Street around midnight and was taken to Jacobi Hospital in serious condition, a FDNY spokesman said. Saturday morning, police reported that the teen was stable.

This is a potential personal injury case against the New York City Police Department for negligence in the use and operation of a NYPD vehicle. The NYPD is part of The City of New York, which is a municipality. A “municipality” or a “municipal subdivision” refers to:

“Any type of government entity or agency that can be sued for the negligence of its employees (police officers, firemen, teachers, EMTs, etc.), accidents on its property (parks, courthouses, housing developments, etc.), or involving any of its vehicles (police cars, fire trucks, ambulances, buses, subways, etc.).”

Lawsuits against municipalities are mostly conducted in the same manner as lawsuits against individuals or corporate entities. However, there is one main difference: most municipal lawsuits require a “notice of claim” to be filed with the municipality soon after the accident. Failure to file this notice within a certain period of time can cause the injured party to lose their right to file a lawsuit for compensation.

As such, if this young Bronx woman chooses to commence a lawsuit, she or her attorney must file a Notice of Claim against the NYPD and then commence a lawsuit within one year and 90 days from the date of the accident. These dates are statutory and cannot (except under extremely limited circumstances) not be fully complied. The failure to prepare and file either of these crucial legal documents within the statutory time frames, would be fatal to a potential lawsuit.