Ellenville Crash

[Beekman 5]

From the Daily Freeman

03/31/2008

Fire chief crashes on way to call

By Robert M. Miraldi , Freeman staff

ELLENVILLE - The chief of the Ellenville Fire Department was hospitalized and issued a traffic ticket Sunday evening after striking another vehicle en route to an emergency call, injuring two people who also had to be hospitalized.

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Ellenville Chief of Police Phil Mattracion said that Fire Chief Steven Krom was traveling northbound on U.S. Route 209 in Ellenville at approximately 7:30 p.m. while responding to a call. Krom, who had his emergency lights on, struck a sedan with his sport utility vehicle while crossing the intersection of U.S. Route 209 and Center Street.

Krom was operating a fire department vehicle and it is unclear if he had his siren on, said Mattracion. The speed at which Krom was traveling had also not yet been determined.

Mattracion said that Krom, as well both passengers in the car, were taken to Ellenville Hospital. Krom was conscious and alert at the scene, but complained of stomach pain. The two people in the car, a male driver male and an unidentified passenger, were described as being in their late teens or early 20's.

While the nature of the their injuries was not available Sunday night, Mattracion said he believed they were not life-threatening injuries.

Mattracion called it an unfortunate incident, but said even emergency officials need to be aware of a driver's right of way. The car Krom struck was passing through a green light.

"Nobody likes to see something like this happen," Mattracion said, "but we're held to the same standard as everyone else."

Assisting at the scene were members of the Ulster County Sheriff's Office and members of the Ellenville Fire and Rescue Squad. Authorities said it took approximately an hour and a half to clear the scene.

[IzzyEng4 427]

Another reason for all of us to "RESPONDED WITH DUE REGARD". Just because we have lights and sirens doesn't mean we always have the right of way. Everyone keep you eyes open and stay safe!

Hope the chief and all those involved have a speedy recovery.

[mikelouf2 0]

even with you lights and sirens on always stop at red lights people out there are always in a rush to go some where and they

are not paying action

[Guest]

Regardless of right of way civilians do not pay attention while driving. How many times have you come up behind a vehicle with lights, sirens and air horns going and it seems that it is a surprise to the driver of the vehicle in front of you? We must be the ones that are diligent in ensuring emergency vehicle safety. It is still one of the top reasons firefighters are injured or killed in the line of duty.

[xfirefighter484x 234]

I first noticed this on FirefighterCloseCalls.

http://www.firefighterclosecalls.com/fullstory.php?62783

[CPFD91206 0]

Dont get me wrong if he was driving like a knucklehead, I hope the fire district has a good lawyer and a BIG insurance policy! BUT

What ever happened to the V&T Section of "FAILING TO YIELD RIGHT OF WAY TO EMERGENCY VEHICLES"??????????? VERY rarely do you see this written anymore. Why wasn't the operator issued that summons? I do believe there is a section in the V&T that states the driver must have their vehicle in "control" at all times.... Failing to YROW to Emergency Veh would fall under that section to say the least.

[OoO 24]

The chief of the Ellenville Fire Department was hospitalized and issued a traffic ticket.

Why was he written a ticket?

[helicopper 1,050]

Dont get me wrong if he was driving like a knucklehead, I hope the fire district has a good lawyer and a BIG insurance policy! BUT

What ever happened to the V&T Section of "FAILING TO YIELD RIGHT OF WAY TO EMERGENCY VEHICLES"??????????? VERY rarely do you see this written anymore. Why wasn't the operator issued that summons? I do believe there is a section in the V&T that states the driver must have their vehicle in "control" at all times.... Failing to YROW to Emergency Veh would fall under that section to say the least.

According to the article, the civilian vehicle was passing through the intersection with a green light and the FD vehicle may or may not have been using his siren. Given those facts, you'd be hard pressed to meet the burden of proof to convict someone of failure to yield right of way to an emergency vehicle. Even with his siren on, the other vehicle had a green light and the FD had RED. That means STOP! Then go. Bottom line, if the article is correct, the FD was at fault.

Why was he written a ticket?

I have no firsthand information but my guess would be passing a red light (VTL 1111-d1).

Applicable statutes:

§ 1104. Authorized emergency vehicles. (a) The driver of an authorized

emergency vehicle, when involved in an emergency operation, may exercise

the privileges set forth in this section, but subject to the conditions

herein stated.

( b ) The driver of an authorized emergency vehicle may:

1. Stop, stand or park irrespective of the provisions of this title;

2. Proceed past a steady red signal, a flashing red signal or a stop

sign, but only after slowing down as may be necessary for safe

operation;

3. Exceed the maximum speed limits so long as he does not endanger

life or property;

4. Disregard regulations governing directions of movement or turning

in specified directions.

© Except for an authorized emergency vehicle operated as a police

vehicle or bicycle, the exemptions herein granted to an authorized

emergency vehicle shall apply only when audible signals are sounded from

any said vehicle while in motion by bell, horn, siren, electronic device

or exhaust whistle as may be reasonably necessary, and when the vehicle

is equipped with at least one lighted lamp so that from any direction,

under normal atmospheric conditions from a distance of five hundred feet

from such vehicle, at least one red light will be displayed and visible.

(d) An authorized emergency vehicle operated as a police, sheriff or

deputy sheriff vehicle may exceed the maximum speed limits for the

purpose of calibrating such vehicles' speedometer. Notwithstanding any

other law, rule or regulation to the contrary, a police, sheriff or

deputy sheriff bicycle operated as an authorized emergency vehicle shall

not be prohibited from using any sidewalk, highway, street or roadway

during an emergency operation.

(e) The foregoing provisions shall not relieve the driver of an

authorized emergency vehicle from the duty to drive with due regard for

the safety of all persons, nor shall such provisions protect the driver

from the consequences of his reckless disregard for the safety of

others.

(f) Notwithstanding any other law, rule or regulation to the contrary,

an ambulance operated in the course of an emergency shall not be

prohibited from using any highway, street or roadway; provided, however,

that an authority having jurisdiction over any such highway, street or

roadway may specifically prohibit travel thereon by ambulances if such

authority shall deem such travel to be extremely hazardous and would

endanger patients being transported thereby.

§ 1144. Operation of vehicles on approach of authorized emergency

vehicles. (a) Upon the immediate approach of an authorized emergency

vehicle equipped with at least one lighted lamp exhibiting red light

visible under normal atmospheric conditions from a distance of five

hundred feet to the front of such vehicle other than a police vehicle or

bicycle when operated as an authorized emergency vehicle, and when

audible signals are sounded from any said vehicle by siren, exhaust

whistle, bell, air-horn or electronic equivalent; the driver of every

other vehicle shall yield the right of way and shall immediately drive

to a position parallel to, and as close as possible to the right-hand

edge or curb of the roadway, or to either edge of a one-way roadway

three or more lanes in width, clear of any intersection, and shall stop

and remain in such position until the authorized emergency vehicle has

passed, unless otherwise directed by a police officer.

( b ) This section shall not operate to relieve the driver of an

authorized emergency vehicle from the duty to drive with reasonable care

for all persons using the highway.

§ 1111. Traffic-control signal indications. Whenever traffic is

controlled by traffic-control signals, other than lane direction control

signal indications provided in section eleven hundred sixteen,

exhibiting different colored lights, or colored lighted arrows,

successively, one at a time or in combination, only the colors green,

yellow and red shall be used, and said lights shall indicate and apply

to drivers of vehicles and to pedestrians as follows:

(d) Red indications:

1. Traffic, except pedestrians, facing a steady circular red signal,

unless to make such other movement as is permitted by other indications

shown at the same time, shall stop at a clearly marked stop line, but if

none, then shall stop before entering the crosswalk on the near side of

the intersection, or in the event there is no crosswalk, at the point

nearest the intersecting roadway where the driver has a view of the

approaching traffic on the intersecting roadway before entering the

intersection and shall remain standing until an indication to proceed is

shown except as provided in paragraph two of this subdivision.