Short summary: A man in his 40s died after his bike collided with an FDNY ambulance turning onto Christopher Lane in Staten Island's Graniteville section late Sunday night. The ambulance wasn't on an emergency run, and claims against city vehicles generally fall under a strict 90-day notice rule, no matter whose fault investigators eventually find.
It happened around 10:35 p.m. on Richmond Avenue. The ambulance was turning left onto Christopher Lane. The cyclist was heading the other way, riding against traffic on the northbound side of the road.
He suffered head and body trauma and was pronounced dead at Richmond University Medical Center. The 58-year-old driver stayed at the scene. No charges have been filed.
Why "not on a call" matters
An ambulance racing to a patient, lights and siren on, generally gets real legal leeway. Officials say this one wasn't doing that. It was making a routine turn, which strips away some of the protection an emergency vehicle usually gets.
Riding the wrong way doesn't end the case
Police noted the cyclist was going against traffic. New York is a comparative negligence state, which generally means fault can be split between more than one party.
That detail can reduce what a family recovers. It generally doesn't erase the claim on its own, especially if the driver had room to see him and react.
What changes when the city is the other driver
Crashes involving an FDNY rig, an NYPD cruiser, or any city vehicle generally run on a different clock than an ordinary crash:
- You generally have just 90 days from the crash to file a Notice of Claim with the city.
- Miss it, and the claim can be barred before it's ever heard, no matter how strong the evidence is.
- That's separate from, and much shorter than, the regular deadline for filing a lawsuit.
We've covered this clock before after other city vehicle crashes in New York. Deadlines vary by situation, which is exactly why it helps to get advice now, not after the 90 days are gone.
What to do if this was your family
Start the paperwork early
Don't wait on the police investigation or any charging decision. The 90-day clock generally doesn't pause for that.
Get checked out, even if you feel okay
Trauma can show up days later. Getting evaluated ties your injuries to the crash date.
Think before talking to a city adjuster
Here's what to know before that call.
Questions New Yorkers ask us
Can I file a claim if an FDNY ambulance hits me?
Generally, yes. It starts with a Notice of Claim, not a lawsuit, generally due within 90 days of the crash. Miss it, and the door can close fast.
Does it matter that the cyclist was riding the wrong way?
It can affect how fault is divided, but New York generally doesn't throw out a claim over one traffic violation. Comparative negligence generally lets a case still move forward.
What if the driver isn't charged?
A lack of charges generally doesn't decide a civil claim. Criminal and civil cases generally run on separate tracks, with separate standards of proof.
Not sure where you stand after a crash? Get your free case review or call (347) 526-1246. A real person answers, 24/7.
Reporting: ABC7 New York.
