JACKSON HEIGHTS, NY – November 09, 2026 – Pedestrians struck by vehicles in Queens and throughout New York face questions about driver responsibility, fault, and available compensation. Queens car accident attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/vtl-1146-due-care-pedestrians/) has published guidance explaining what New York Vehicle and Traffic Law § 1146 requires drivers to do and how a violation can affect a pedestrian injury claim.

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. According to Queens car accident attorney Keetick L. Sanchez, this duty depends on the circumstances a driver encounters, including speed, visibility, traffic conditions, and the presence of pedestrians. “Due care means using the level of caution a reasonable driver would use under the same circumstances,” Sanchez explains. “What qualifies can change depending on the road, the weather, and how much time the driver had to react.”

As Queens car accident attorney Keetick L. Sanchez notes, the statute sets graduated consequences based on the resulting harm. 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, while § 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 points for violations committed on or after February 16, 2026.

Sanchez emphasizes that the due-care duty applies to every driver on a New York roadway, including those throughout Queens and Jackson Heights, and that it does not disappear when a pedestrian lacks the right of way. “Even if someone crosses mid-block or against a signal, the driver must still exercise reasonable caution to avoid a collision,” she points out. “The fact that a pedestrian was outside a crosswalk does not by itself resolve the question of fault.”

Conduct that can demonstrate a lack of due care includes failing to yield when turning across a crosswalk, distracted driving such as texting while approaching an intersection, speeding near crosswalks or crowded areas, driving too fast for visibility conditions, and entering a crosswalk without checking for pedestrians already crossing. Sanchez notes that officers and courts weigh the specific circumstances of each crash, including the driver’s speed, the pedestrian’s visibility and location, road and weather conditions, and the driver’s opportunity to react.

Attorney Sanchez observes that evidence of a § 1146 violation can support a negligence claim by helping establish that the driver breached a duty of care. A traffic citation alone does not establish civil liability, though a guilty plea to the violation can be used as an admission in a civil case. “A claim does not depend on the driver receiving a ticket,” Sanchez adds. “Witness statements, surveillance or dashcam footage, vehicle damage, and photographs of the scene can all help show whether a driver failed to exercise due care.”

The firm also helps injured pedestrians understand how New York’s No-Fault system applies to their situation. Pedestrians struck by a vehicle can receive No-Fault benefits for qualifying medical expenses and certain lost earnings regardless of who caused the crash, with written notice required as soon as reasonably practicable and no later than 30 days after the crash. The No-Fault system is governed by Insurance Law Article 51 and remains separate from the question of whether a driver violated VTL § 1146.

Fault in a New York pedestrian case depends on the actions of both the driver and the pedestrian. Under CPLR § 1411(b), a claimant cannot recover damages if their share of fault is greater than the combined fault of the defendants, and a pedestrian’s percentage of fault reduces the amount recovered. Sanchez advises injured pedestrians to seek prompt medical attention, photograph the crosswalk and surrounding area, gather witness information, save medical documents, and report the accident to police.

For those injured in a pedestrian accident, contacting a knowledgeable Queens pedestrian injury attorney may help clarify how VTL § 1146 applies, protect available benefits, and preserve important evidence. The firm investigates each crash, files No-Fault claims, and prepares cases for the Queens County Supreme Court when litigation becomes necessary.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a Jackson Heights-based personal injury firm serving injured pedestrians and accident victims throughout Queens and the surrounding boroughs. Led by attorney Keetick L. Sanchez, a lifelong New York resident with extensive personal injury litigation experience, the firm focuses on motor vehicle accidents, pedestrian injuries, and related claims. For consultations, call (646) 701-7990.

 

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Company Name: K L Sanchez Law Office, P.C.
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Phone: (646) 701-7990
Address:37-06 82nd St #304 Jackson Heights, NY 11372
City: Jackson Heights
State: New York
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Website: https://accidentlawyer-queens.com/

 

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