New NYC Law allows for Arrest of Negligent Drivers in Pedestrian Accidents

In New York City, Pedestrians and cyclists allegedly injured by motor vehicles that violate that right of way are now armed with a new weapon to help build a civil case against the driver.

As part of the mayor’s Vision Zero, a program to greatly reduce the amount of citywide pedestrian and bicyclist injuries and fatalities, the city has passed Administrative Code Section 19-190 (“The Right of Way Law“) which imposes liability on drivers who cause injury while violating the right-of-way of a pedestrian or bicyclist.  Perhaps more significantly to most drivers, the law also allows for the negligent driver to be arrested for a misdemeanor at the scene.

Previously, sober drivers who were involved in accidents that caused injury to pedestrians and bicyclists with the right-of-way were subject to standard traffic penalties.   Now, these drivers are subject to misdemeanor charges which may lead to fines and possible imprisonment.  The law also lowers the victim’s burden of proof.  Previously, a finding that the driver was reckless or acted with the intent to harm was required before criminal charges were brought.  Now, a simple showing that the driver violated the right-of-way (based on an eyewitness account) is sufficient proof to bring criminal charges against the driver.

A post on Streetsblog NYC regarding recent enforcement of the Right-of-Way Law found here begins with the statement that The Law Office of Vaccaro and White is representing the victim.  This suggests that this law will likely result in a trend of plaintiff’s lobbying for the arrest of the driver who they allege injured them and dispose of any discussion of liability in a civil case against the driver. To date, the law has only been enforced against bus drivers (likely due to the severity of the injuries) but we expect that will change in the coming months.

During a liability trial, plaintiffs will be able to show that the allegedly negligent driver was arrested at the scene, which will almost certainly prove detrimental to defense interests.  Thanks to Jim Rogers for his contribution, and please email Brian Gibbons with any questions.