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Vulnerable User Laws in New York

What are they?

Automobiles provide a shell of protection for their users — creating a safety disparity between cars and other road users. There is a significant difference between what occurs when a car is struck at 25 miles-per-hour and what happens to a pedestrian or cyclist involved in the same collision. While the percentage of motorist deaths has continued to fall on a national level, the percentage of bicyclist and pedestrian fatalities has tragically grown.

Vulnerable Road User laws increase protection for bicyclists and other road users who are not in cars. States have chosen to protect vulnerable road users in a variety of ways. This usually involves 1) harsher penalties for the violation of existing laws when that violation impacts a defined set of road users or 2) the creation of new laws that prohibit certain actions, directed at a defined set of road users.

Haley and Diego's Law

Careless Drivers May Now Face Jail Time for Injuring Pedestrians

New York has passed "vulnerable user" laws to crack down on careless drivers who injure pedestrians and bicyclists. The legislation, called “Hayley and Diego’s Law,” was introduced after the tragic deaths of Hayley Ng, 4, and Diego Martinez, 3, who were killed in Chinatown when a delivery van, that had been left in reverse, climbed the curb and hit the children. The driver in question was not charged with any infraction resulting from the children’s deaths.

The new careless driving law imposes the following penalties on drivers, whose failure to exercise due care results in injury to pedestrians or bicyclists:

• For the first offense, a fine of $750 or 15 days of jail time, participation in a driving training course, suspension or revocation of the driver’s license or registration, or any combination of these penalties; and

• For the second offense, any of the above penalties, plus a misdemeanor charge.


What are your rights if you are a victims of a crash?

Flanzig and Flanzig has obtained one of the highest settlements in the State of New York for a pedestrian struck by a vehicle

Some of our results in pedestrian cases include:

$1,100,000.00 Million Dollar settlement for pedestrian struck in his driveway

$500,000.00 recovery for a pedestrian that sustained a crash injury when struck by a van at JFK airport

$350,000.00 settlement for a gas station attendant struck by a car

$340,000.00 settlement for a pedestrian struck by a NYC taxi cab

$300,000.00 recovery for a pedestrian struck while walking on a sidewalk

In addition to the above, we are presently handing multiple cases across New York for pedestrians that have sustained serious injuries or death as a result of negligent drivers. This includes claims including the City of New York and the NYPD for injuries caused as a result of negligently driven police vehicles, claims against taxi drivers, and New York City buses.

If you or a loved one have been involved in a Pedestrian accident or crash in New York, call or e-mail us today.

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