New York’s failure to use due care law (VTL § 1146) requires drivers to use due care to avoid colliding with pedestrians, bicyclists, and domestic animals. But what exactly is due care? How can you fight against a ticket for failure to use due care based on VTL Section 1146?
This article provides an overview of this law, its penalties, and how to fight against a ticket. If you have been issued a ticket for failure to use due care, contact Rosenblum Law today.
Provisions of VTL § 1146
Section 1146 of the vehicle traffic law in New York states that all drivers have a responsibility to use due care around pedestrians, bicyclists, and domestic animals. It also states that drivers must use their horn in warning when necessary, but this is not the only way in which someone acts with due care while driving. The citation is issued when injury results from driving without due care.
Failure to Use Due Care According to VTL § 1146
According to the law, a driver can be charged under VTL § 1146 when it is determined that they did not use due care and injury results. The law itself does not define “due care”, but according to Cornell Law School’s definition, due care is acting in a way that a reasonable person would act under similar circumstances. This means that one can be charged with failure to use due care even if they are obeying all other traffic laws.
Examples of Failing to Use Due Care Under VTL § 1146
VTL Section 1146(a) is an offense in which a driver fails to exercise due care with a pedestrian, bicyclist, or domestic animal, and this failure results in injury..
For example, someone is driving on a residential street and there are children crossing the road. They fail to use their horn as a warning and hit one of the children, causing a broken leg. This would be a clear-cut violation of the law.
A less clear example might be a bicyclist on a busy roadway. A reasonable person would slow down and move around the bicyclist. However, if the driver instead were to continue going the speed limit, overtake the cyclist, and force them off the road, and this action resulted in an injury such as a broken arm, it would be a violation of the law.
VTL Section 1146(b) is an offense in which one has failed to exercise due care with a pedestrian, bicyclist, or domestic animal, and it results in a serious injury, such as a brain injury or spinal injury.
Another example would be hitting a domestic animal, which includes a cow, goat, or sheep under the control of a pedestrian. If the domestic animal is seriously injured and has to be put down, it would be a violation of this law.
Penalties for Violating VTL § 1146
If a driver causes physical injury while failing to exercise due care according to VTL § 1146, the penalty is a fine of up to $500 and/or up to 15 days jail time. If a driver causes serious injury, the fine is up to $750. If they cause injury or severe injury and it is their second offense within a five-year period, the fine is up to $1,000.
As of November 2, 2024, a driver will also accumulate 5 points on their license for violating VTL § 1146. This is up from the previous 2 points that the law once carried.
Strategies for Fighting a Ticket Under VTL § 1146
The best strategy for fighting a ticket under VTL § 1146 is to prove that you acted in a way that a reasonable person would have acted in the same circumstances.
The law states that there is a rebuttable assumption that the driver could have avoided the collision with the pedestrian, cyclist, or domestic animal. “Rebuttable” means that it can be argued that the driver could not have avoided the collision based on the circumstances. However, this argument would need to be supported by the facts.
Conclusion
This traffic law allows citations, fines, and penalties for failure to use due care when an injury has occurred to a pedestrian, bicyclist, or domestic animal. Using due care means acting in a way that a reasonable person would act under similar circumstances. “Reasonable” in a given situation is open to debate, and an experienced traffic attorney is best able to persuade the court that their client acted reasonably and did not violate the law.
If you have been accused of violating VTL 1146, contact a Rosenblum Law traffic attorney today. We have extensive experience fighting this and other New York traffic tickets.
FAQs
Can failure to use due care lead to a lawsuit?
Yes, an accident that results in a conviction for failure to use due care can also lead to a civil personal injury lawsuit. If you can get the failure to use due care violation dismissed or reduced, it could go a long way toward proving that you were not negligent in a civil suit, if one is brought. It is important to work with a full-service law firm like Rosenblum Law to ensure both civil and traffic cases can be handled by the same firm.
Is failure to use due care the same as negligence?
Failure to use due care as a traffic citation in New York is similar to the concept of negligence. The law says that a driver must use due care for the conditions and behave as a reasonable person would. This means that even though you may not have been speeding, you can still be cited for failure to use due care if an officer finds that you should have been going slower for the conditions present.
For its part, negligence is a civil law term that means one must act as a reasonable person would under similar circumstances.
Can I lose my license for failure to use due care?
No, you cannot lose your license for failure to use due care. However, if you already have 5 points or more on your license and get a failure to use due care citation, you will be suspended for point totals.
Does a Failure to Use Due Care violation affect my insurance?
Yes, your insurance rates will increase with a violation for failure to use due care. Your insurance will also be responsible for paying out any claims of injuries in the accident. It is important to work with an attorney who can advocate for you with the insurance companies if necessary.
Is injury required for failure to use due care for this violation?
Yes, for the failure to use due care citation to be warranted, there must have been an injury or serious injury to a pedestrian, cyclist, or domestic animal.
