Heist:
New York does allow for punitive damages. This may be tempered with the fact that the officer intentionally put himself in the path of the car while the car was moving in a way that the driver would not necessarily know he was going to contact the officer.
Courts ought not reward those who intentionally cause injury to themselves when the event is completely avoidable.
I think that you and I saw the same video, other posters may have seen something else; I can't be sure?
However, on the topic of avoidable accidents; last night I was approaching an 18-wheeler which had clearly stopped on a two lane State highway. I could easily tell by the lack of closing time between his vehicle and mine. Within about a quarter mile (or about 3/10 kilometer) there was a large woman walking on the driver's right side of the road (which is were a pedestrian should be) and she rather startled me. As I continued to approach the multiple sets of non-moving head lights, I did slow quite a bit. There was a small van (or mini-van) and then a large truck with other vehicles behind them.
As I passed in a rather slow manner the van's headlights and the truck's headlights; I was very 'again very' suprised to see a large male individual walking down the center lane of the highway: whom I successfully avoided making contact with.
All I can think is really if you are involved with a bunch of vehicles stopped and blocking one lane of the highway, and you could walk along the shoulder of the road: what would posses you to walk down the middle of a state highway?
At night, in the dark where you could expect oncoming vehicles to be blinded by oncoming headlights.
I should have mentioned this was in Missouri, if I had been in Kansas at the time, the guy would have been dead. Just not anything I would have expected.