NYPD Traffic Stop Injuries: What Rights Do You Have After Being Hurt by Police Action?
NYPD Traffic Stop Injuries: What Rights Do You Have After Being Hurt by Police Action?
Traffic stops in New York City can escalate quickly. When a police officer uses excessive force or engages in police misconduct during a stop, civilians may suffer serious physical injuries and emotional trauma. Hill & Moin LLP represents individuals whose civil rights were violated during encounters with NYPD officers and other law enforcement personnel.
If you were injured during a traffic stop, you may have legal options under New York law and federal law.
When Police Conduct Crosses the Line
Police officers are allowed to stop vehicles based on reasonable suspicion or probable cause. However, officers must act within the limits of the law. A traffic stop may involve unlawful police conduct if officers use force that is not objectively reasonable under the circumstances.
Examples include:
- Excessive force during a police arrest
- Physical force after a suspect is restrained
- False arrest without probable cause
- Illegal search without a warrant
- Racial profiling
- Reckless conduct by officers involved
Such actions may constitute civil rights violations.
Excessive Force and Police Brutality
Police brutality and excessive force claims arise when officers use more force than necessary. Courts evaluate whether the officer’s actions were objectively reasonable, considering:
- Whether the individual was resisting arrest
- Whether there was a threat to officer safety
- Whether the suspect was armed
Many excessive force cases involve baton strikes, tasers, firearms, or physical restraints that cause severe injuries.
Common Injuries in NYPD Traffic Stop Cases
Traffic stop encounters can result in:
- Broken bones and head trauma
- Traumatic brain injuries
- Soft tissue damage
- Emotional trauma and psychological harm
- Wrongful death in extreme cases
Victims often require immediate medical attention and ongoing treatment, resulting in medical expenses and lost wages.
Your Civil Rights Under Federal and New York Law
Under the U.S. Constitution and New York law, civilians are protected from unlawful police conduct. These protections include:
- Freedom from excessive force
- Protection against false arrest
- Protection from illegal search and seizure
- Due process rights
When police violated these rights, victims may pursue legal remedies through a civil lawsuit.
What to Do After Being Injured During a Traffic Stop
If you were hurt by police action:
- Seek medical attention immediately
- Document physical injuries and emotional distress
- Preserve physical evidence and treatment records
- Obtain witness testimony and witness statements
- Request police reports and official records
Medical records and physical evidence are critical to building a strong claim.
Filing Police Misconduct Claims in NYC
Police misconduct claims may involve:
- Filing complaints with the Civilian Complaint Review Board
- Filing claims against the New York City Police Department
- Bringing civil rights claims under federal law
Claims may also involve government agencies, corrections officers, or other government officials depending on the circumstances.
Qualified Immunity and Police Accountability
Police officers may assert qualified immunity, a legal doctrine that protects officers unless they violated clearly established constitutional rights. This defense does not apply in all cases and can be challenged when police acted unlawfully.
An experienced attorney can evaluate whether qualified immunity applies.
Compensation Available in Police Misconduct Cases
Victims may seek financial compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional trauma
- Attorney fees
In some cases, punitive damages may be available to deter future misconduct.
Why Legal Representation Matters
Police misconduct cases are complex and heavily defended. Police departments and government agencies have significant resources. Working with police misconduct lawyers ensures:
- Proper filing of legal claims
- Compliance with strict deadlines
- Protection of your basic human rights
- Strategic handling of evidence and witnesses
These cases do not constitute legal advice without review of your specific facts.
Speak With Hill & Moin Today
If you were injured during an NYPD traffic stop and believe your civil rights were violated, Hill & Moin LLP can help you understand your legal options and pursue justice.
Call Hill & Moin LLP at (212) 668-6000 today for a confidential consultation.