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Benji Martinez Killed In Rochester Police Chase Accident On East Main Street

Benji Martinez Died In Rochester Car Accident During Police Chase Along East Main Street

Benji Martinez Killed In Rochester Police Chase Accident On East Main Street

ROCHESTER, NEW YORK (January 11, 2022)  – An innocent bystander identified as Benji Martinez has tragically died in a Rochester police chase accident on East Main Street.

Monroe County police officials are saying that the collision took place on Friday. Rochester police were chasing a suspect’s vehicle when that suspect crashed into Benji Martinez’s vehicle.

The suspect’s Jeep ran several red lights prior to the collision. Firefighters and paramedics were called to the scene of the collision in order to help the victim.

Despite life-saving measures, Benji Martinez died due to his injuries. The suspect that led police on the chase has since been charged with second-degree vehicular manslaughter and driving while intoxicated.

A full investigation remains ongoing at this time.

Liability In Rochester Police Chase Accidents

Police pursuits are exceptionally dangerous and have led to nearly 35,000 deaths over the last 35 years. More tragic still, a large portion of the victims are innocent bystanders. Police departments have slowly shifted their pursuit policies over the years. In the modern era, most police departments have strict policies with respect to when a pursuit can begin and when it can end. In general, police departments in New York can only begin a pursuit under two scenarios:

  • Situations where the life or safety of any person is in imminent danger or
  • Situations where person is suspected of having committed a violent felony.

Pursuits should always be viewed as a measure of last resort and should be terminated when the threat they pose to the public’s safety is too great. Depending on the specific facts of any case, there could be numerous sources of liability for a police chase. According to New York Vehicle and Traffic Law 1104(e), the driver of authorized emergency vehicles have a legal obligation to operate their vehicle with due care for the safety of all persons.

When an officer shows a “reckless disregard” for the safety of others they could be liable for an accident. Whether officer’s showed a “reckless disregard” for the safety of others in a pursuit will depend on the reasonableness of their actions under the circumstances in which they acted. Victims of car accidents tend to suffer very serious and costly injuries including:

  • Broken bones
  • Head injuries
  • Lacerations
  • Spinal cord injuries
  • PTSD
  • Death

The family of any victim that died in a Rochester police chase accident may be able to seek aid through a wrongful death claim. Damages can help cover lost wages, medical bills, and funeral expenses. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are. There, however, very strict statute of limitations for pursuing claims against police departments in New York. Plaintiffs must file a Notice of Claim within 90 days of the collision.

Investigating A Rochester Police Chase Accident

We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Benji Martinez. There needs to be a thorough investigation into what happened for the sake of all who have lost so much. Police chases are incredibly dangerous to the public and should always be used as a measure of last resort. 

Do you need more information about an accident that took place in Rochester? Our team of personal injury attorneys are here to help in any way that we can. We are committed to helping accident victims be aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at  (516) 908-9792.


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