Kevin G. Faley and Kenneth E. Pitcoff, partners of Morris Duffy Alonso & Faley, write that in a post-'Kabir' world, emergency responders face a precedent that fosters perverse incentives. It encourages responders to violate the rules of the road in order to gain the higher burden of proof of reckless disregard, and denies the same protection to those who obey them. New bills aim to restore Vehicle and Traffic Law §1104's initial intent.
'Kabir' Update: 'Worst Fears' Realized Prompts Proposed Amendments
New York Law Journal
September 4, 2013