New York State law offers vehicle operating privileges to first responders | amNewYork

"Police officers, firefighters, and EMTs responding to emergencies often operate their vehicles under circumstances far different from everyday motorists. While New York law recognizes this reality by affording emergency vehicles certain privileges, questions often arise about when those privileges apply and what standard of care governs if an accident occurs. A recent decision from the Appellate Division, Second Department Begum v. Marzullo (2025 NY Slip Op 04621) highlights the importance of properly identifying the governing standard when litigating collisions involving emergency vehicles."

"In Begum, the plaintiff sought summary judgment after her vehicle collided with a marked Suffolk County police car. The accident occurred in an intersection while the officer was engaged in official duties. Plaintiff's theory was straightforward: she claimed the officer violated standard traffic laws and was therefore negligent as a matter of law. On that basis, she moved for summary judgment on liability. The second department, however, affirmed the lower court's denial of her motion."

"The court reasoned that plaintiff's moving papers failed to resolve critical threshold questions about whether the officer was engaged in an emergency operation and whether the conduct at issue fell within the categories of privileged actions recognized by statute. Without establishing those points, the court explained, the plaintiff could not demonstrate as a matter of law which standard of care ordinary negligence or the more demanding reckless-disregard test controlled the case."

Plaintiff's vehicle collided with a marked Suffolk County police car at an intersection while the officer performed official duties. Plaintiff moved for summary judgment arguing the officer violated standard traffic laws and was negligent. The Second Department affirmed denial of summary judgment because the moving papers failed to resolve whether the officer was engaged in an emergency operation and whether the conduct fell within statutory privileged actions. Without those threshold facts, the applicable standard—ordinary negligence or reckless-disregard—could not be determined. Vehicle and Traffic Law 1104 authorizes emergency operators to disregard certain traffic rules during emergency operations if they act with due regard for safety.

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