Driver kills child & not charged. *Caught on Camera* (New York: 2014, felony)
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I am flabbergasted. The video DIRECTLY CONTRADICTS what the driver said happened -- i.e., that the little girl ran into his path. I am stunned that he could get away with this ... and even had the measly traffic tickets dismissed. Wow.
The tickets were thrown out by an administrative law judge, even though police officers from the Collision Investigation Squad who collected the surveillance video and issued the summonses—which carry fines of up to $150 each, according to the DMV—argued in support of them.
Unbelievable. This judge should be removed from office.
Good job, commissioner Barbara Fiala!!
Your ruling makes ny drivers more at ease...
I mowed down a jaywalking jerk today on broadway in broad day light. I had been feeling uneasy and fearful of what consequences I would face....now I am relieved after reading this story...even if I am ordered to pay thousands in fines, I will be paying it without hesitation.
I hope fiala will always be in the office to protect the rights of us drivers...
This is a tradegy but also an accident. Unless it can be proven that the driver intended to hit the girl or he was negligent or reckless like driving very drunk then he should be left alone. Accidents are accidents. There is no reason for the state to kidnap and cage a man because of an accident. It serves no purpose other than making the government (cops, prosecutor, judges and jailers) the bad party.
If the family wants to sue they can sue. If they want to do their own form of justice it is up to them but should not involve the state.
From what I saw the driver attempted to pass the grandmother before she crossed right in front of him. The girl was on the other side and couldn't be seen by the driver.
Be reasonable and don't be so quick to condemn unless you or your family are involved.
This is a tradegy but also an accident. Unless it can be proven that the driver intended to hit the girl or he was negligent or reckless like driving very drunk then he should be left alone. Accidents are accidents. There is no reason for the state to kidnap and cage a man because of an accident. It serves no purpose other than making the government (cops, prosecutor, judges and jailers) the bad party. If the family wants to sue they can sue. If they want to do their own form of justice it is up to them but should not involve the state. From what I saw the driver attempted to pass the grandmother before she crossed right in front of him. The girl was on the other side and couldn't be seen by the driver. Be reasonable and don't be so quick to condemn unless you or your family are involved.
How you would feel, if that was your mother & daughter stuck by this driver, without any penalty? I don't know how you could absolve this driver from any liability, unless, in your mind, he actually intended to strike the victims. The law is clear. A pedestrian in a crosswalk has the right of way. Drivers must wait, until pedestrians cross, before entering crosswalks! The only thing the driver did here, was watch the oncoming vehicle. When that driver turned left, this driver did the same, without checking to see if anyone was crossing.
These are the types of incidents that have led other cities to create all-red intersections, where all drivers must stop to allow pedestrians time to cross. Perhaps it is time for NYC to do the same. Too many have died, and too many like yourself do not care.
"VTL § 1112 – Pedestrian-control signal indications: Whenever pedestrians are controlled by pedestrian-control signals exhibiting the words “WALK" or “DON'T WALK", or exhibiting symbols of a walking person or upraised hand, such signals shall indicate and apply to pedestrians as follows: (a) Steady WALK or walking person. Pedestrians may proceed across the roadway in the direction of the signal and have the right of way by other traffic." http://www.newyorksafetycouncil.com/...ht-of-way.aspx
"Drivers must yield to pedestrians legally using marked or unmarked crosswalks.
If you are stopped at a red light and pedestrian steps into the crosswalk, and the light turns green, you must wait for the pedestrian to cross.
You must yield to pedestrians in crosswalks on your left or right before turning."
Last edited by bigjake54; 11-12-2014 at 09:45 PM..
That is the one thing that really gets me enraged when walking the streets. NYC drivers have no clue that pedestrians have the right of way. The driver should be charged with homicide.
"S 125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. Criminally negligent homicide is a class E felony."
Here's the problem: The Outrageous, Unjust Rule That Lets New York Drivers Who Hit Pedestrians Off the Hook - CityLab
At least 168 pedestrians were killed in NYC last year. In the video, the lawyer states that many were in a crosswalk. http://www.streetsblog.org/2014/01/3...affic-in-2013/
"nine motorists were known to have been charged with homicide. In five of those cases, the driver was also charged with driving under the influence of alcohol or drugs. One crash resulted from a police chase. In two cases, the driver was accused of running over the victim intentionally. Only once in 2013 was a sober driver charged with homicide for killing a pedestrian or cyclist in a crash that did not involve a personal dispute or fleeing police. ...
Historically, nearly half of motorists who kill a New York City pedestrian or cyclist do not receive so much as a citation for careless driving."
Last edited by bigjake54; 11-12-2014 at 10:03 PM..
This is a tradegy but also an accident. Unless it can be proven that the driver intended to hit the girl or he was negligent or reckless like driving very drunk then he should be left alone. Accidents are accidents. There is no reason for the state to kidnap and cage a man because of an accident. It serves no purpose other than making the government (cops, prosecutor, judges and jailers) the bad party.
If the family wants to sue they can sue. If they want to do their own form of justice it is up to them but should not involve the state.
From what I saw the driver attempted to pass the grandmother before she crossed right in front of him. The girl was on the other side and couldn't be seen by the driver.
Be reasonable and don't be so quick to condemn unless you or your family are involved.
Are you kidding me. He for sure failed to yield to people in the crosswalk.
This is a clear case of involuntary manslaughter.
What you are saying is that it was ok that he hit the grandmother, but really ok because he couldn't see the child. I am sure he saw the child when his front left tire crushed her body.
I guess it would be ok if someone closed their eyes and shot you because the didn't see the bullet hit you. What a moronic post you made. And disturbingly insensitive. Get a clue.
This is a tradegy but also an accident. Unless it can be proven that the driver intended to hit the girl or he was negligent or reckless like driving very drunk then he should be left alone. Accidents are accidents. There is no reason for the state to kidnap and cage a man because of an accident. It serves no purpose other than making the government (cops, prosecutor, judges and jailers) the bad party.
If the family wants to sue they can sue. If they want to do their own form of justice it is up to them but should not involve the state.
From what I saw the driver attempted to pass the grandmother before she crossed right in front of him. The girl was on the other side and couldn't be seen by the driver.
Be reasonable and don't be so quick to condemn unless you or your family are involved.
couldn't be seen by the driver? lol
i'm sorry did this not happen in broad daylight?
does the driver have glaucoma?
is that child wearing an invisibility cloak?
YOU are the one who should be reasonable, and if it were your family i guarantee you'd be singing a different tune.
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