• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Physical Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Personal Injury Law  /  Police Officer Who Ran Over Pedestrian May Be Liable for Wrongful Death

Police Officer Who Ran Over Pedestrian May Be Liable for Wrongful Death

by Law Offices of Thomas L. Gallivan, PLLC 02 Jun2015

Late at night on March 30, 2015, a West New York police officer was making his way to work. Driving in his personal vehicle, a blue 2013 Honda Accord, the rookie officer was making his way down JFK Boulevard in North Bergen when he encountered the victim.

The victim was a young man who was crossing JFK Boulevard by the 70th Street intersection. It was dark at night, the victim was wearing dark clothing, and the victim was not walking on or near a crosswalk. The victim was struck by the officer’s car and went flying, landing on the sidewalk face down.

The officer immediately stopped his car and got out to assist. The victim was passed out with head trauma. A Guttenberg Police Department officer was driving by and also helped to assist. North Bergen Police and the Hudson County Sheriff’s Office were called to the scene following a 911 call. By the time North Bergen EMS arrived, the victim had gone into cardiac arrest. Both the driver and victim were taken to Palisades Medical Center for treatment. The victim did not die until the next day while being treated at the hospital.

The car accident is still undergoing an investigation. So far, it has been determined by the Hudson County Sheriff’s Office Crash Investigation Unit that the officer’s Honda was not speeding at the time of the accident.

Police officers and police departments are usually shielded from liability. However, they can be sued under federal law in a 42 U.S.C. 1983 lawsuit. Congress enacted this statute to allow victims to sue government entities and employees for depriving them of their constitutional rights. One such example may be that of police brutality in which a police officer chases an unarmed suspect and shoots him in the back. This deprives the victim of his Fourth Amendment rights.

To be liable in a Section 1983 claim, a police officer must have been acting in his official duties as a police officer. If he was off duty, then the best course of action is to sue the individual as a tortfeasor, not a police officer.

In a car accident negligence case, coverage depends on the municipality you live in. Most towns have the same or a similar policy. When the crash occurs, the officer is required to report it to his superiors. An incident report is taken. Then an adjuster from the city will come to your home to assess the damages and calculate the cost to fix your car. Then the city will either cut you a check or pay a body shop to fix the damage.

However, the city will only cover car accident damage when the police officer is acting in his official duties as a police officer. For instance, if the police officer is on a high-speed chase of a suspect and scrapes your car when it’s parallel-parked on the side of the road, the city will cover the damages. The city has an insurance policy for the police department that covers accidents such as this.

If the officer is off-duty, though, the city will likely not cover the damages. Off-duty officers are required to drive their personal vehicles in their spare time. This includes paying for their own insurance in their names. Therefore the best course of action is to go after the individual or his insurance company directly.

Some towns may offer an exception to this rule if the officer is not technically on the clock but is still acting in his official capacity as an officer. For instance, he witnesses a crime while on his way home and begins chasing the suspect in his personal car.

Why would you want to sue a police department instead of the actual person for damages incurred during a car accident? With the police department, you know the department or city will have adequate insurance to cover your damages. However, around 50% of personal drivers are either uninsured or underinsured.

If you or a loved one has been injured in a car accident, talk with an experienced personal injury attorney at the Law Offices of Thomas L. Gallivan, PLLC today to review your legal options.


Website Resource:

John Heinis, West New York Cop Fatally Injures Pedestrian in Car Accident, Hudson County View, http://hudsoncountyview.com, March 31, 2015.

Posted in: Personal Injury Law, Motor Vehicle Accidents, Pedestrian Accidents

Primary Sidebar

Get In Touch

Practice Areas

Personal Injury

  • Wrongful Death
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Scaffolding Accidents
  • Slip, Trip & Falls (Premises Liability)
  • Negligent Supervision at a School or Day Care
  • Sidewalk Falls
  • Elevator Accidents
  • Train and Subway Accidents

Nursing Home Neglect & Abuse

  • Bedsores (Pressure Ulcers)
  • Falls & Fractures
  • Malnutrition and Dehydration
  • Physical and Sexual Abuse
  • Wandering & Elopement
  • Unexplained Bruises and Cuts
  • Infection
  • Choking Incidents
  • Medication Errors
  • Group Homes
  • Assisted Living Facilities

Criminal/DWI Defense

  • DWI (Driving While Intoxicated)
  • Criminal Defense
  • Traffic Violations
  • DMV Refusal Hearings
  • Sex Crimes
  • Shoplifting & Larceny
  • Assault & Vehicular Assault
  • Drug Possession
  • Drug Sales
  • Weapons Charges
  • Domestic Violence
  • How is a DWI Defined in New York?
  • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?

Medical Malpractice

  • Failure to Diagnose Cancer
  • Birth Injuries (Gynecological, Obstetrical)
  • Medication Errors
  • Surgical Errors
  • Gastric Bypass Surgery Errors
  • Emergency Room Errors
  • Failure to Diagnose Heart Attack or Stroke
  • Cerebral Palsy
  • Erbs Palsy Birth Injury

Trusts + Estates

  • Wills & Trusts
  • Divorce, Child Support, Custody Issues
  • Elder Law
  • Estate Planning
  • Guardianships
  • Medicaid-Planning
  • Power of Attorney / Health Care Proxy
  • Probate and Estate Administration
  • Surrogate Court Litigation
  • Real Estate
  • Business Formation
  • Wills
  • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Footer

  • Home
  • About
  • Practice Areas
  • Blog
  • Resources
  • Contact Us

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC