BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: New York City’s “Vision Zero” Law
New York City’s “Vision Zero” Law, which we detailed in an earlier blog post, allows criminal charges to be filed against drivers who strike, and either kill or seriously injure a pedestrian who has the “right of way” to cross the street. This law, which is codified under the Administrative Code, has been extremely controversial. Critics have claimed that this law penalizes general negligence and makes any accident within a crosswalk one of strict liability, disregarding blind spots, weather, and other driving errors that fall short of criminal liability. Several judges throughout the city have agreed. However, last week, the Appellate Term, First Department, upheld the conviction of a dump truck driver and ruled that the law is constitutional. It appears that Vision Zero is here to stay. While there is certainly an argument that the law makes pedestrians safer, the penalties for motorists can be severe, especially when the DMV will consider a license revocation after such a conviction. It is a reminder to drive safe at all times and be aware of your surroundings.
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