New Bill Would Carry Stiffer Penalties for Careless Drivers

New Bill Would Carry Stiffer Penalties for Careless Drivers
Annie Wu
7/7/2010
Updated:
10/8/2018
<a><img src="https://www.theepochtimes.com/assets/uploads/2015/09/driversWEB.jpg" alt="State Sen. Daniel Squadron (at microphone) along with Councilwoman Margaret Chin (far left) Manhattan Borough President Scott Stringer (R), stand with the family members of Hayley Ng and Diego Martinez, two children who were killed when a van driver left  (Henry Lam/The Epoch Times)" title="State Sen. Daniel Squadron (at microphone) along with Councilwoman Margaret Chin (far left) Manhattan Borough President Scott Stringer (R), stand with the family members of Hayley Ng and Diego Martinez, two children who were killed when a van driver left  (Henry Lam/The Epoch Times)" width="320" class="size-medium wp-image-1817672"/></a>
State Sen. Daniel Squadron (at microphone) along with Councilwoman Margaret Chin (far left) Manhattan Borough President Scott Stringer (R), stand with the family members of Hayley Ng and Diego Martinez, two children who were killed when a van driver left  (Henry Lam/The Epoch Times)
NEW YORK—On Wednesday, New York state Sen. Daniel Squadron was joined by the families of Hayley Ng and Diego Martinez, two young children who died last year in Chinatown when an unattended van left in reverse hit and killed them. Squadron is urging Gov. Paterson to sign legislation that will increase the penalties for irresponsible drivers who injure pedestrians, cyclists, and other road users.

The bill was conceived after the incident in Chinatown that killed 3 year-old Diego and 4 year-old Hayley. The driver of the van double-parked his vehicle and left it running as he stepped out to enter a store. The driver thought the van was in park, when in fact he had left it in reverse, causing the van to back up onto the curb. The van crashed into a group of preschool students on the way back to school from a field trip, killing the two toddlers and injuring about 10 others, reported the New York Times in January 2009. The driver was not charged with any violation for the deaths of the two children.

The bill was passed in the New York state Senate and Assembly last month. Assemblyman Brian Kavanagh, who worked on the bill and introduced it to the Assembly, said in a statement, “It’s never easy to get people to change bad habits, but this law will help make drivers throughout the state more conscious of their obligation to drive safely. And it will finally bring a measure of justice when their failure to do so has tragic consequences.” Kavanagh is also urging Gov. Paterson to sign the bill into law.

Sen. Squadron said, “Hayley and Diego’s law won’t make the roads safe for everyone, they won’t undo this tragedy. What it will do is send a message that careless driving is dangerous and unacceptable.” Squadron noted that the law will give out real penalties to drivers and will also “serve to deter careless driving across the state.” Drivers must concentrate on their driving and be aware of the potential of tragedy when they are on the road,” he added.

Manhattan Borough President Scott Stringer said the bill is the best way to honor the two children, which is stipulated in the first section to be known as the “Hayley Ng and Diego Martinez Law.” He noted that reckless drivers put the lives of the people in a community in their hands and that it is “a very, very serious offense.” Furthermore, children and the elderly are especially at risk for death from vehicle collision. “In New York City, motor vehicles remain the leading cause of accidental child death. ... People aged 65 years and older make up about 12 percent of the population, yet comprised 39 percent of the city’s pedestrian fatalities from 2002 through 2006,” cited a memo from the bill.

Squadron said the bill will allow judges to punish drivers who do not exercise “due care” to be fined up to $750, imprisoned for up to 15 days in jail, or required to attend a drivers’ education course. If the violation occurs twice in a 5 year period, the crime is then classified as a misdemeanor. Failure to exercise “due care” refers to failure to avoid colliding with any pedestrian, cyclist, or other vulnerable road users, and thereby causing physical injury to them.

Councilwoman Margaret Chin was also at the gathering and expressed that the bill will provide crucial “pedestrian safety measures,” while holding drivers accountable for their actions. “We need to make sure this doesn’t happen again,” she said, referring to the deaths of Hayley and Diego.

Transportation Alternatives (TA), a New York City-based group advocating green transportation and safer streets for pedestrians, was also there to support the bill. Paul Steely White, executive director of TA, said the bill will be a critical step toward solving the problem of careless driving. He noted that more New Yorkers are killed from speeding and reckless driving than drunk driving. Sen. Squadron credits TA as “the ones who really thought of the policy solutions specifically.”
Annie Wu joined the full-time staff at the Epoch Times in July 2014. That year, she won a first-place award from the New York Press Association for best spot news coverage. She is a graduate of Barnard College and the Columbia University Graduate School of Journalism.
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