What Does NY VTL § 1146 Require Drivers to Do for Pedestrians?

New York Vehicle and Traffic Law § 1146 requires drivers to exercise “due care” to avoid colliding with pedestrians, bicyclists, and certain domestic animals on the roadway. This duty requires drivers to use reasonable caution based on the circumstances they encounter, including their speed, visibility, traffic conditions, and the presence of pedestrians. What qualifies as “due care” can therefore depend on the specific facts surrounding a pedestrian accident.

At K L Sanchez Law Office, P.C., Queens car accident attorney Keetick L. Sanchez helps injured pedestrians in Queens and across New York build claims after a driver fails in that duty. She can examine the circumstances of a crash and the available evidence to determine how VTL § 1146 may apply.

This guide explains what the law requires, how a violation is proven, how it affects both fault-based and No-Fault claims, and what injured pedestrians in Queens should do next.

If you were injured by a driver in Queens, contact K L Sanchez Law Office, P.C. at (646) 701-7990 to discuss your case. Our team can review what happened, explain your legal options, and help you determine your next steps.

What Is New York VTL § 1146?

New York Vehicle and Traffic Law § 1146 requires drivers to exercise “due care” to avoid colliding with pedestrians, bicyclists, and certain domestic animals on the roadway. Drivers must also sound the horn when necessary to warn them.

“Due care” means using the level of caution a reasonable driver would use under the same circumstances. The standard depends on the conditions at the time, including factors such as traffic, visibility, speed, and the driver’s opportunity to react.

For purposes of § 1146, “domestic animals” refers to domesticated sheep, cattle, and goats under a pedestrian’s supervision and control. Under § 1146(b)(1), a driver who fails to exercise due care and causes physical injury to a pedestrian or bicyclist commits a traffic infraction punishable by a fine of up to $500, up to 15 days in jail, or both. Section 1146(c)(1) imposes higher penalties when the violation causes serious physical injury. A conviction for failure to exercise due care carries five New York Department of Motor Vehicles (DMV) points for violations committed on or after February 16, 2026.

Who Must Follow VTL § 1146 in New York?

The due-care duty under VTL § 1146 applies to every driver on a New York roadway, including drivers throughout Queens and Jackson Heights. The law does not create exceptions based on a driver’s experience or occupation.

The duty also applies when a pedestrian does not have the right of way. If a pedestrian crosses mid-block or against a signal, the driver must still exercise due care to avoid a collision. Having the right of way does not remove a driver’s responsibility to use reasonable caution.

After a crash, the fact that a pedestrian was outside a crosswalk does not by itself resolve the issue of fault. The driver’s actions and whether the driver exercised due care remain relevant.

What Counts as a Violation of VTL § 1146?

A violation of VTL § 1146(a) involves a driver failing to exercise due care and colliding with a pedestrian, bicyclist, or covered domestic animal. Subsection (b) addresses collisions that cause physical injury to a pedestrian or bicyclist, while subsection (c) addresses those that cause serious physical injury.

Driver Behaviors That Can Show a Lack of Due Care

Whether a driver exercised due care depends on the circumstances of the crash. Conduct that can show a lack of due care includes:

• Failing to yield when turning across a crosswalk where pedestrians are walking
• Distracted driving, such as texting or looking at a phone while approaching an intersection
• Speeding near crosswalks, schools, or crowded areas where pedestrians are present
• Driving too fast for visibility conditions, such as rain, fog, or darkness
• Entering a crosswalk without checking for pedestrians who are already crossing

How Police and Courts Determine “Due Care”

Officers and courts consider the specific circumstances of the crash when evaluating due care. Relevant factors include the driver’s speed, the pedestrian’s visibility and location, road and weather conditions, and the driver’s opportunity to react.

The New York Court of Appeals has explained that § 1146(b)(1) and (c)(1) impose traffic infraction liability when a driver fails to exercise due care, collides with a pedestrian or bicyclist, and causes the level of injury specified in the applicable subsection.

How Does a VTL § 1146 Violation Affect a Pedestrian Injury Claim?

Evidence of a VTL § 1146 violation can support a negligence claim by showing that the driver failed to exercise due care. A traffic citation alone does not establish civil liability, although a guilty plea to the violation can be used as an admission in a civil case.

To recover damages, an injured person must establish that the driver owed a duty of care, breached that duty, caused the injuries, and caused compensable damages. Section 1146 establishes a driver’s duty to exercise due care, so evidence of a violation can support the breach element of the claim.

A claim does not depend on the driver receiving a ticket. Witness statements, surveillance or dashcam footage, vehicle damage, photographs of the crash scene, and other evidence can help establish whether the driver failed to exercise due care.

Even when a § 1146 violation is established, the injured person must still prove that the driver’s conduct caused the injuries and establish the resulting damages through evidence such as medical records, lost-income documentation, and other relevant records.

Car Accident Lawyer in Queens – K L Sanchez Law Office, P.C.

Does New York’s No-Fault Law Apply to Pedestrian Injuries?

Yes. Pedestrians struck by a vehicle in New York can receive No-Fault benefits for qualifying medical expenses and certain lost earnings, regardless of who caused the crash. A pedestrian files the claim with the insurer of the vehicle that struck them. Written notice must be provided as soon as reasonably practicable and no later than 30 days after the crash, unless there is a qualifying reason for late notice.

New York’s No-Fault system is governed by Insurance Law Article 51. Section 5102 defines terms such as basic economic loss, first-party benefits, and serious injury, while § 5103 addresses entitlement to first-party benefits. No-Fault coverage is separate from determining whether a driver violated VTL § 1146.

What Should You Do After a Pedestrian Accident in Queens?

After a pedestrian accident, get medical attention as soon as possible. Injuries such as concussions and internal trauma do not always cause immediate symptoms, so getting evaluated can protect your health and document your condition after the crash.

You should also take steps to preserve evidence related to the accident:

• Photograph the area. Take pictures of the crosswalk, pedestrian signals, traffic signs, road conditions, and surrounding area.
• Get witness information. Ask anyone who saw the crash for their name and contact information.
• Save medical documents. Keep records of emergency care, diagnostic testing, treatment, and follow-up appointments.
• Report the accident. Contact the police and obtain a copy of the accident report when it becomes available.

Photos, witness information, medical records, and the accident report can help document what happened and provide evidence when fault is disputed.

How Is Fault Determined in a New York Pedestrian Case?

Fault in a New York pedestrian case depends on the actions of both the driver and the pedestrian. Under CPLR § 1411(b), in personal injury actions subject to Insurance Law Article 51, a claimant cannot recover damages if their share of fault is greater than the defendant’s fault or the combined fault of all defendants.

If a jury finds total damages of $100,000 and assigns 20% of the fault to the pedestrian and 80% to the driver, the pedestrian can recover $80,000. The pedestrian’s percentage of fault reduces the amount recovered.

Evidence of a VTL § 1146 violation can support a finding that the driver was at fault, but it does not determine each party’s percentage of responsibility. The court or jury considers the conduct of both the driver and the pedestrian.

In New York City, pedestrians can cross outside a crosswalk or against a pedestrian signal without committing what was traditionally called a jaywalking violation. However, a pedestrian who crosses outside a crosswalk or against a steady upraised-hand signal does not have the right of way and must exercise due care. That conduct can be considered when fault is assigned.

Speak With a Queens Car Accident Attorney Today

After a pedestrian accident, questions can arise about who was at fault, whether the driver violated VTL § 1146, and what compensation is available. Medical expenses, lost income, and disputes with the insurance company can also make the claims process more difficult.

Keetick L. Sanchez brings years of personal injury litigation experience to pedestrian cases throughout Queens and New York City. At K L Sanchez Law Office, P.C., our team investigates how VTL § 1146 applies, files your No-Fault claim, and prepares your case for the Queens County Supreme Court when a lawsuit is needed.

Call K L Sanchez Law Office, P.C. at (646) 701-7990 for a free consultation. Our office at 37-06 82nd St #304 in Jackson Heights serves injured pedestrians across Queens and the surrounding boroughs.

Frequently Asked Questions

Can VTL § 1146 apply if there was a collision but no physical injury?

Yes. Section 1146(a) requires a collision but does not require physical injury. Subsection (b) applies when the collision causes physical injury, while subsection (c) addresses serious physical injury. A near miss without a collision does not constitute a § 1146 offense.

Is a VTL § 1146 violation a moving violation on a driver’s record?

Yes. A conviction for failure to exercise due care carries five New York DMV points for violations committed on or after February 16, 2026. Violations committed before that date carried two points. Additional penalties under § 1146 depend on whether the collision caused physical or serious physical injury.

How is VTL § 1146 different from failure to yield to pedestrians (VTL § 1151)?

VTL § 1151 requires drivers to yield to pedestrians in a crosswalk when traffic-control signals are not in place or operating. VTL § 1146 imposes a broader duty to exercise due care to avoid colliding with pedestrians, bicyclists, and covered domestic animals on the roadway. This duty applies even when a pedestrian does not have the right of way.

Can I sue a driver in New York if they violated VTL § 1146?

Yes, but a VTL § 1146 violation alone does not establish the right to recover damages. Under New York’s No-Fault rules, recovery for pain and suffering requires a “serious injury” as defined by Insurance Law § 5102(d) when § 5104 applies. The statute of limitations for most personal injury actions in New York is three years, although different deadlines apply in some cases.

Does a VTL § 1146 violation guarantee I’ll win my case?

No. A VTL § 1146 violation does not determine the outcome of a personal injury case. You must still establish that the driver’s conduct caused your injuries and prove your damages.