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
• 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.