This page summarizes and comments on a published court decision. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless this page says otherwise, The Eskesen Law Firm did not represent any party in this case.
Bottom line
The driver of an emergency vehicle on an emergency call, using its lights and siren, may go through a red light after slowing down as necessary for safety, and for doing so can be held liable only if the driver acted in reckless disregard for the safety of others. Here, the Second Department affirmed the dismissal of a claim by a driver who had a green light when his vehicle collided with a City of Yonkers fire truck, because the fire truck was responding to an emergency call with its lights and siren on, and its driver slowed sufficiently before entering the intersection.
The case
- Court
- Appellate Division, Second Department
- Decided
- October 28, 2026
- Case
- Blackshear v City of Yonkers
- Citation
- 2026 NY Slip Op 06277
- Official text
- Read the decision on the New York courts’ official reporter site
The facts
The plaintiff alleged that he was injured when the vehicle he was driving collided with a fire truck owned by the City of Yonkers and operated by Daniel Martinez. The collision happened in an intersection controlled by a traffic light, which was green for the plaintiff’s direction of travel and red for the fire truck’s. He sued the City and Martinez, who moved for summary judgment dismissing the complaint. The Supreme Court, Westchester County, granted the motion, and the plaintiff appealed.
The holding
The Second Department affirmed. It explained that Vehicle and Traffic Law § 1104 “permits the driver of an authorized emergency vehicle to proceed past a red light when involved in emergency operations, as long as the driver slows down as may be necessary for safe operation, utilizes sirens and lights, and does not act in reckless disregard for the safety of others” (2026 NY Slip Op 06277, *1). So long as those precautions are observed, “the manner in which such a driver operates the authorized emergency vehicle in an emergency situation may not form the basis for civil liability unless the driver acted in reckless disregard for the safety of others” (id.). The defendants showed “that the fire truck was responding to an emergency call, that the emergency lights and siren were activated, and that Martinez slowed sufficiently before entering the intersection” (id.), and so established “that the reckless disregard standard of Vehicle and Traffic Law § 1104 was applicable to Martinez’s conduct and that his conduct did not rise to the level of reckless disregard for the safety of others” (id.). The plaintiff’s opposition raised no question of fact (id.).
What changed
Nothing new: this applies settled law, including the Court of Appeals’ decisions in Saarinen v Kerr (84 NY2d 494) and Anderson v Commack Fire Dist. (39 NY3d 495).
What it means
- A green light does not always settle who is at fault when an emergency vehicle is involved. On an emergency call, a fire truck or other emergency vehicle using its lights and siren may go through a red light after slowing down as necessary for safety, and other drivers must yield to an emergency vehicle approaching with its lights and siren on (Vehicle and Traffic Law § 1144[a]).
- When an emergency vehicle’s driver is using that privilege, a claim based on that conduct requires proof of reckless disregard for the safety of others, which is much harder to prove than ordinary carelessness.
Our view
Commentary by Frank N. Eskesen. This section is opinion.
For most drivers, a green light feels like the end of the discussion. But when a fire truck answers an emergency call with its lights and siren on, the law gives its driver room to make fast decisions, and the reckless disregard test “requires a showing of more than a momentary judgment lapse” (Saarinen v Kerr, 84 NY2d 494 [1994]). This test applies only to the special privileges, such as going through a red light, and only during an emergency operation (Kabir v County of Monroe, 16 NY3d 217 [2011]); our prior post on crashes with ambulances, fire trucks, and police cars explains when ordinary negligence applies instead. Two lessons. 1. If you are in a crash with an emergency vehicle, note whether its lights and siren were on and whether it slowed down, look for witnesses and cameras right away, and get legal advice promptly; a Notice of Claim against a city generally must be served within 90 days. 2. For lawyers, the defense rests on facts the agency controls: the emergency call, the lights and siren, and how the vehicle entered the intersection. Ask early for dispatch records and any vehicle or camera data.
Topics
Court: Second Department. Year: 2026. Statutes: Vehicle and Traffic Law §§ 1104, 1144(a). Result: affirmed.
Reviewed by Frank N. Eskesen, admitted in New York since 2000. Decided October 28, 2026. Posted October 28, 2026.
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