Hit by an Ambulance, Fire Truck, or Police Car in New York? How the Rules Differ

Late on Monday, October 12, 2026, a bicyclist was killed in a collision with an ambulance near Richmond Avenue and Christopher Lane in Staten Island's Graniteville neighborhood. According to ABC7, "[t]he ambulance was not transporting a patient or responding to an emergency at the time of the crash," and officials said the ambulance driver remained at the scene.

We do not know what caused this crash, and nothing here is a comment on anyone involved. But it raises a question that comes up whenever an emergency vehicle is in a crash: do the usual rules of the road apply?

Emergency Vehicles Have Special Privileges

New York law treats ambulances, police vehicles, fire vehicles, and several other kinds of vehicles as "authorized emergency vehicle[s]" (Vehicle and Traffic Law § 101). "The driver of an authorized emergency vehicle, when involved in an emergency operation, may exercise the privileges set forth in this section, but subject to the conditions herein stated" (Vehicle and Traffic Law § 1104(a)). Under § 1104(b), the driver may:

1. Stop, stand, or park "irrespective of the provisions of this title";
2. Proceed past a steady red signal, a flashing red signal, or a stop sign, "but only after slowing down as may be necessary for safe operation";
3. Exceed the speed limit "so long as he does not endanger life or property"; and
4. Disregard the rules on direction of movement and turning.

"Emergency operation" has its own definition. It covers an emergency vehicle "engaged in transporting a sick or injured person," pursuing a suspected lawbreaker, or "responding to, or working or assisting at the scene of an accident, disaster, police call, alarm of fire, actual or potential release of hazardous materials or other emergency," among other things. It "shall not include returning from such service" (Vehicle and Traffic Law § 114-b).

Other drivers must make way: when an emergency vehicle approaches with its emergency lights and siren on, "the driver of every other vehicle shall yield the right of way," pull over to the right, and stop (Vehicle and Traffic Law § 1144(a)).

Most emergency vehicles must also use their warning signals to claim these privileges. Under § 1104(c), an ambulance, fire truck, or other emergency vehicle may use them only while sounding a siren, horn, or other audible signal "as may be reasonably necessary" and showing at least one red light visible from 500 feet. Police vehicles are the exception: that requirement does not apply to "an authorized emergency vehicle operated as a police vehicle or bicycle," so a police car on an emergency operation may use the privileges even without its lights and siren on (Vehicle and Traffic Law § 1104(c)).

The Limit: "Reckless Disregard"

The privileges have limits. They "shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others" (Vehicle and Traffic Law § 1104(e)).

Reckless disregard is a high bar. The Court of Appeals has explained that it requires proof that "the actor has intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow," with "conscious indifference to the outcome" (Saarinen v Kerr, 84 NY2d 494 [1994]). The court said the test, which "requires a showing of more than a momentary judgment lapse, is better suited to the legislative goal of encouraging emergency personnel to act swiftly and resolutely while at the same time protecting the public's safety to the extent practicable." In plain terms, a momentary lapse in judgment while using one of these privileges may not be enough.

Ordinary Negligence Still Applies to Everything Else

The reckless disregard rule is narrow. In Kabir v County of Monroe, 16 NY3d 217 (2011), the Court of Appeals held "that the reckless disregard standard of care in Vehicle and Traffic Law § 1104 (e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104 (b). Any other injury-causing conduct of such a driver is governed by the principles of ordinary negligence" (16 NY3d at 220).

In that case, a sheriff's deputy responding to a call, without his emergency lights or siren on, "looked down for two to three seconds" at the mobile data terminal in his patrol car and rear-ended the car in front of him. Rear-ending another car is not one of the privileges listed in § 1104(b), so ordinary negligence applied, and a ruling for the injured plaintiff on liability was affirmed.

And because the privileges apply only "when involved in an emergency operation," an emergency vehicle that is not on an emergency is subject to the same rules of the road as everyone else.

This is different from the "emergency doctrine," which can apply to any driver who faces a sudden emergency. Our post on medical emergencies and brake failure explains that doctrine.

When the Vehicle Belongs to the City

In New York City, an ambulance or fire truck may belong to the FDNY, and a police car to the NYPD. A claim against the City generally requires a sworn Notice of Claim, served within 90 days after the claim arises (General Municipal Law § 50-e), and a lawsuit started within one year and 90 days (General Municipal Law § 50-i). Different timing applies to a claim for a death. Our post on the Notice of Claim rules for NYC Transit explains how a notice must be served. Other ambulances may be run by hospitals, private companies, or volunteer groups, and the rules can differ, so find out early who owned the vehicle.

A claim about how emergency services were provided, rather than how a vehicle was driven, raises different issues. See our Decision Day entry on Davis v City of New York, about a claim that an ambulance was sent without oxygen.

What to Do After a Crash With an Emergency Vehicle

1. Get medical care, and follow your doctor's advice.
2. Write down the vehicle's number and the name of the agency or company on it, and whether its lights and siren were on.
3. Call the police and get the report number. Write down the names and phone numbers of witnesses.
4. Look for cameras on nearby buildings, stores, buses, and doorbells. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
5. Give written notice of your No-Fault claim within 30 days of the accident (11 NYCRR 65-1.1). We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
6. Talk to a lawyer early, especially if the vehicle belonged to the City or another public entity, because of the 90-day Notice of Claim deadline. In some circumstances, your time to act may be even shorter.

If you were hurt in a crash with an ambulance, fire truck, or police car, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.

Share: Facebook LinkedIn X Email