On Wednesday, November 4, 2026, police arrested the driver of a New York City Department of Sanitation truck that struck and killed a woman crossing Bay Parkway at Cropsey Avenue in Brooklyn on October 28. According to CBS New York, News 12 Brooklyn, and amNY, the driver was charged with "failure to yield to a pedestrian and failure to exercise due care." amNY reported that, according to police sources, the woman "had the right of way to cross the street."
A charge is an accusation, not proof of guilt, and nothing here is a comment on anyone involved. But the charges point to rules every driver in New York City must follow, and those rules can matter a great deal in an injury claim.
Turning on a Green? Yield to the Crosswalk
Under state law, traffic facing a green signal, "including when turning right or left, shall yield the right of way to other traffic lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited" (Vehicle and Traffic Law § 1111(a)(1)). New York City's traffic rules say it plainly: vehicular traffic, "including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians" (34 RCNY § 4-03(a)(1)(i)).
A pedestrian facing a steady WALK signal "may proceed across the roadway in the direction of the signal and shall be given the right of way by other traffic" (Vehicle and Traffic Law § 1112(a)).
Where there is no working signal, a driver "shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk" (Vehicle and Traffic Law § 1151(a)).
And at all times, "every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway" (Vehicle and Traffic Law § 1146(a)).
New York City's Right of Way Law
The City's Right of Way Law, as it is commonly called, makes it a traffic infraction for a driver to fail "to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way" (Administrative Code § 19-190(a)). If the driver's vehicle "causes contact with a pedestrian or person riding a bicycle and thereby causes physical injury," the violation is a misdemeanor, punishable by a fine of up to $250, up to 30 days in jail, or both (§ 19-190(b)). The law protects cyclists as well as people on foot; see also our post on protecting your rights after a bicycle accident.
There are two limits. It is not a violation "if the failure to yield and/or physical injury was not caused by the driver's failure to exercise due care" (§ 19-190(c)). And the law does not apply to people, vehicles, and equipment "working on behalf of" the City, the state, or the federal government "while actively engaged in work requiring the presence of a motor vehicle in a location that interferes with the right of way of a pedestrian or person riding a bicycle," although they still answer for a "failure to exercise due care" (§ 19-190(d)). Our post on garbage trucks, street sweepers, and snowplows explains a similar exception in state law.
The Criminal Case and Your Injury Claim Are Separate
A criminal case, or a ticket for a traffic infraction, is between the government and the driver. An injured person's claim for compensation is a separate civil case, and it does not depend on whether the driver was charged or convicted.
In a civil case, "[i]t is well settled that a defendant's unexcused violation of the Vehicle and Traffic Law constitutes negligence per se" (Peterson v Garnsey, 227 AD3d 1249 [3d Dept 2024]). A violation of a City law, such as the Right of Way Law, is treated differently: "violation of a municipal ordinance constitutes only evidence of negligence" (Elliott v City of New York, 95 NY2d 730 [2001]).
Winning on Liability Before Trial
In Rodriguez v City of New York, 31 NY3d 312 (2018), the Court of Appeals held: "To be entitled to partial summary judgment a plaintiff does not bear the double burden of establishing a prima facie case of defendant's liability and the absence of his or her own comparative fault" (31 NY3d at 324-325). In plain words, under the right circumstances, an injured person who proves that the driver was at fault may win on liability before trial, even if the driver argues that the injured person was partly to blame. The Court explained that comparative negligence, "as CPLR 1411 plainly states, is not a bar to plaintiff's recovery, but rather a diminishment of the amount of damages" (id. at 320).
New York's pure comparative fault rule changed for some cases in 2026. In personal injury cases covered by New York's No-Fault law (Insurance Law article 51) and started on or after May 26, 2026, the injured person's own fault now "shall bar recovery" if it "is greater than the culpable conduct of the person against whom recovery is sought," or of all of them combined (CPLR 1411(b); DFS Circular Letter No. 3 (2026)). We have not yet found an appellate decision applying the new rule, or deciding whether the Rodriguez rule still applies to these cases. Our post on New York's 2026 changes explains it. Clear proof that a driver failed to yield matters more than ever.
No-Fault and the Notice of Claim
A person on foot or on a bicycle who is hit by a car may receive No-Fault benefits for medical bills and lost earnings, up to the policy's limits; the coverage reaches "[p]ersons, other than occupants of another motor vehicle or a motorcycle" (Insurance Law § 5103(a)(1)). If the vehicle belonged to the City or another public entity, a Notice of Claim is generally due within 90 days (General Municipal Law § 50-e(1)(a)); see our post on the Notice of Claim rules for NYC Transit.
What to Do After Being Hit by a Turning Driver
- Get medical care, and follow your doctor's advice.
- Call the police and get the report number. Note the traffic light and the walk signal, which way the driver was turning, and where you were in the crosswalk.
- Write down the names and phone numbers of witnesses, and photograph the intersection, the signals, and the crosswalk markings.
- Look for cameras on nearby buildings, stores, buses, and doorbells. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
- Give written notice of your No-Fault claim within 30 days of the accident (11 NYCRR 65-1.1). We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
- Talk to a lawyer early, especially if a City or other government vehicle was involved, because of the 90-day Notice of Claim deadline. In some circumstances, your time to act may be even shorter.
If you were hit by a driver who failed to yield, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
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