LAWSUIT: Woman injured after Delray Beach Police cruiser runs red light, crashing into her vehicle

No lights, no sirens, no stopping at a red light, says the lawsuit. Woman injured in crash sues city.

Officer Edwin Hernandez, Swearing-In Ceremony, December 2019, Delray Beach Police Department

DELRAY BEACH, FL (Boca Post) — A newly filed lawsuit in Palm Beach County claims that a woman was hit by a Delray Beach Police cruiser that ran a red light without activating any emergency lights or sirens.

The accident occurred on July 27th, 2020 near NE 5th Avenue and NE 2nd Street in Delray Beach.

The lawsuit claims that Officer Edwin Hernandez of the Delray Beach Police Department ran a red without activating the emergency sirens and/or lights on his Delray Beach Police car prior to hitting the vehicle driven by Aliya Polliandro.

A letter sent to city officials in August of 2020 says, “On July 27, 2020, Ms. Poliandro was traveling eastbound on N.E. 2™ Street entering the intersection at N.E. 5″ Avenue, when a Delray Beach marked patrol vehicle #1309 with no lights and no siren on ran the red light at the intersection and crashed into the left side of Aliya Poliandro’s vehicle. As a result of this accident, my client sustained injuries to her neck, left shoulder, left hip, left arm, thumb, and an abrasion on her face and is currently undergoing treatment with Dr. Charles Strucken. Upon receipt of the medical records and bills, same will be forwarded to your attention for evaluation for settlement.”

The following is an allegation taken directly from the newly filed lawsuit:

“on or about July 27, 2020 Edwin Hernandez, while acting in the course and scope of his employment and within the time and space limits of Edwin Hernandez’s employment with the Defendant, CITY OF DELRAY BEACH, was operating the Defendant’s aforesaid marked police vehicle southbound on NE 5″ Avenue[also known as State Road US 1] approaching the intersection of NE 2″ Street, Delray Beach, Palm Beach County, Florida. At said time and place, Edwin Hernandez negligently operated Defendant’s aforesaid marked police vehicle without activating and/or utilizing the vehicle’s emergency lights and siren and negligently entered the intersection of NE 2″ Street violating the existing red traffic light and/or signal.”

“Further, at all times material hereto, Plaintiff, POLIANDRO, operating her motor vehicle eastbound on NE 2nd Street and entering into the intersection of NE 5″ Avenue on an existing green traffic light and/or signal was struck by the Defendant’s aforesaid marked police vehicle on the driver’s side of Aliya Polliandro’s motor vehicle as Edwin Hernandez negligently ran the red light as he negligently entered into the afore-described intersection. Edwin Hernandez’s negligent running of the red light caused Defendant’s aforesaid marked police vehicle to collide into Plaintiffs motor vehicle, thereby causing serious personal injuries to the Plaintiff, POLIANDRO.”

Boca Post has learned that Officer Hernandez was hired in December of 2019, which means he was only on DBPD for less than 8 months when the accident occurred. Boca Post has reached out to DBPD for comment about this incident but has not yet received a response.