Brooklyn Nurse Killed by Maimonides Ambulance: What NYC Pedestrians Need to Know About Emergency Vehicle Accidents

You expect an ambulance to save lives — not take them. But on the morning of April 4, 2026, a 44-year-old nurse named Cherry Cayetano Sobel was crossing the street in Midwood, Brooklyn, when a Maimonides Medical Center ambulance struck and killed her. The ambulance kept going. Investigators believe the crew may not have realized they hit someone. Sobel was rushed to Maimonides Hospital, where she was pronounced dead.

This tragedy raises serious legal questions about emergency vehicle liability, hit-and-run laws, and what families can do when a loved one is killed by the very vehicles meant to help people. Here is what you need to know.

What Happened in the Midwood, Brooklyn Ambulance Accident?

According to ABC7 New York, Sobel was crossing at the intersection of Avenue O and Ocean Avenue in Midwood around 6:30 a.m. when a Maimonides ambulance making a left turn struck her. The ambulance did not stop at the scene.

The NYPD's Highway Patrol Collision Investigation Squad is handling the case. Maimonides suspended the EMT staff involved pending the investigation. As of the latest reports, no criminal charges have been filed.

A bystander called 911 after witnessing the collision. Sobel, a nurse and Brooklyn resident, was transported to the very hospital that employed the ambulance crew — and was pronounced dead on arrival.

Can You Sue an Ambulance Company or Hospital for a Pedestrian Accident?

Yes. Emergency vehicles are not above the law. In New York, the operator of any motor vehicle — including an ambulance — has a legal duty to drive safely and avoid hitting pedestrians.

Under Vehicle and Traffic Law § 1146, every driver must exercise due care to avoid colliding with any pedestrian or cyclist on the roadway. This applies to ambulance drivers just as it does to any other motorist.

When an ambulance driver injures or kills someone through negligence, you can bring a personal injury or wrongful death lawsuit against:

• The driver — for failing to exercise due care

• The hospital or ambulance company — under a legal principle called vicarious liability (also known as respondeat superior), which holds employers responsible for the negligent acts of their employees performed during the course of employment

• The vehicle owner — under New York Vehicle and Traffic Law, the owner of a vehicle can be liable for injuries caused by anyone operating it with permission

What Are New York's Hit-and-Run Laws?

Leaving the scene of an accident is a serious offense in New York. Under Vehicle and Traffic Law § 600, any driver involved in an accident resulting in injury or death must stop immediately, provide identification and insurance information, and render reasonable assistance to the injured person.

The penalties depend on the severity of the harm:

• Accident causing property damage only: traffic infraction, fine up to $250, and/or up to 15 days in jail

• Accident causing serious physical injury: Class E felony, fine between $1,000 and $5,000, and potential prison time

• Accident causing death: Class D felony, fine between $2,000 and $5,000, and up to seven years in prison

In the Midwood case, investigators believe the ambulance crew may not have realized they struck a pedestrian. Whether that defense holds up will depend on the evidence — including surveillance footage, witness statements, and the physical evidence at the scene.

Do Emergency Vehicles Have Special Legal Protections?

Emergency vehicles do get certain privileges under VTL § 1104 when responding to emergencies. For example, they can proceed through red lights, exceed the speed limit, and disregard certain traffic regulations — but only when their lights and sirens are activated.

However, these privileges come with an important limit. VTL § 1104 does not protect a driver from the consequences of reckless disregard for the safety of others. If an ambulance driver operates the vehicle recklessly — even during an emergency response — the driver and the employer can still be held liable for injuries or death.

And if the ambulance was not responding to an emergency at the time of the accident, these special protections do not apply at all. The driver is held to the same standard as every other motorist on the road.

What Is a Wrongful Death Claim in New York?

When someone dies because of another person's negligence, the victim's family can file a wrongful death lawsuit. In New York, these claims are governed by Estates, Powers and Trusts Law § 5-4.1.

A wrongful death claim allows the family to recover compensation for:

• Lost financial support — the income and benefits the deceased would have provided to the family

• Loss of parental guidance — for minor children who lost a parent

• Medical expenses — costs incurred before death

• Funeral and burial expenses

• Pain and suffering of the deceased — compensation for the pain the victim experienced before dying (this falls under a related "conscious pain and suffering" claim)

The statute of limitations for wrongful death claims in New York is two years from the date of death. Missing this deadline usually means losing the right to sue entirely.

For a deeper breakdown of what families can recover, read our guide on wrongful death lawsuits in New York.

NYC Pedestrian Fatality Numbers in 2026

Despite overall progress, pedestrian deaths remain a persistent problem in New York City. According to the NYC Department of Transportation, 23 pedestrians were killed in traffic incidents during the first three months of 2026. That is down from 29 pedestrian deaths in the first quarter of 2025 — a roughly 20% decline.

Overall, 42 people died in traffic incidents across New York City during Q1 2026, making it one of the safest starts to a year since the city began keeping records in 1910. The numbers reflect continued progress under the city's Vision Zero initiative.

But for the families of those 23 pedestrians — including the family of Cherry Cayetano Sobel — statistics offer little comfort. Every one of those deaths represents a preventable tragedy.

We recently covered another fatal pedestrian incident in our post about a delivery cyclist killed in Harlem, which discusses the legal protections available to vulnerable road users in New York.

What Should You Do If You Are Hit by an Emergency Vehicle?

If you or a loved one is struck by an ambulance, fire truck, or police vehicle, take these steps:

• Call 911 immediately. Report the accident and request medical attention, even if your injuries seem minor at first.

• Get the vehicle information. Write down the ambulance number, hospital or company name, and license plate if possible.

• Gather witness information. Get names and phone numbers of anyone who saw the accident.

• Take photos. Document the scene, your injuries, traffic signals, and any surveillance cameras in the area.

• Do not give a recorded statement to the vehicle owner's insurance company without speaking to a lawyer first.

• See a doctor right away. Some injuries — like concussions and internal bleeding — do not show symptoms immediately.

• Contact a personal injury attorney. Cases involving emergency vehicles, hospitals, and potential government entities have special notice requirements and shorter deadlines.

For a complete checklist, see our guide on essential steps to take after a personal injury.

How Much Are Pedestrian Accident Cases Worth in New York?

The value of a pedestrian accident case depends on the severity of your injuries, the strength of the evidence, and the financial impact on your life. In fatal pedestrian cases, wrongful death verdicts in New York City regularly reach into the millions of dollars.

Factors that increase the value of a pedestrian accident case include:

• Severity of injuries: Fatal cases, traumatic brain injuries, spinal cord injuries, and amputations carry the highest values

• Clear liability: Cases where the driver clearly violated traffic laws (like a hit-and-run) tend to result in higher awards

• Institutional defendant: When a hospital, municipality, or corporation is responsible, insurance coverage is typically much higher than individual driver policies

• Lost earning capacity: A young victim with significant future earnings potential will generally recover more

• Conscious pain and suffering: If evidence shows the victim suffered before death, this can add substantial value to the claim

For detailed verdict and settlement data, check our analysis of what NYC personal injury cases are worth in 2025 and 2026.

FAQ: Emergency Vehicle Accidents and Pedestrian Rights in NYC

Can I sue a hospital if their ambulance hits me?

Yes. Under the legal doctrine of vicarious liability, a hospital or ambulance company is responsible for the negligent actions of its employees — including ambulance drivers — when those employees are acting within the scope of their employment. You can sue both the driver and the hospital.

What if the ambulance was responding to an emergency when it hit me?

Even during an emergency response, ambulance drivers cannot show reckless disregard for the safety of others. VTL § 1104 grants limited privileges to emergency vehicles, but it does not give them a free pass to injure or kill people. If the driver was reckless, you still have a valid claim.

How long do I have to file a lawsuit after a pedestrian accident in New York?

For most personal injury claims, you have three years from the date of the accident. For wrongful death claims, the deadline is two years from the date of death. If the accident involved a government entity or municipal hospital, you may need to file a notice of claim within just 90 days. Do not wait — consult an attorney as soon as possible.

Does it matter if the ambulance driver did not know they hit someone?

From a criminal standpoint, the driver's knowledge may affect whether hit-and-run charges are filed. But from a civil standpoint, ignorance is generally not a defense to negligence. If the driver should have known they hit someone — or should have been driving more carefully in the first place — the driver and the hospital can still be held liable for the victim's injuries or death.

The Bottom Line

Emergency vehicles are supposed to protect the public — not endanger it. When an ambulance driver's negligence kills or injures a pedestrian, the victim and their family have every right to hold the driver and the employer accountable under New York law.

If you or someone you know has been injured or lost a loved one in an accident involving an emergency vehicle in New York City, Nassau County, or Suffolk County, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.

Contact Us

Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.