Child Hit Killed by SUV in Park Slope

if you've got a problem with the law, you should contact your council person and get the ball rolling on getting the law change. homeowner stated the law correctly. look at it this way - if you get into a fender bender (average, normal fender bender - no alcohol, drugs, big macs or cell phone use involved) and the person in the other car hits their head on the steering wheel, and you were at fault in the fender bender, do you really think you should be arrested for assaulting that person?

personally, I'm with homeowner and Idlewild on this one - the law needs to change with respect to who is driving and whether or not they know what they're doing. I drove an SUV once for a weekend and it was terrifying. I couldn't see anything and made my friend roll down her window to check on things like pedestrians, cars in my multiple blind spots, etc.

Apparently you have to kill somone and be drunk in order to be charged. Transportation Alternatives has been working to change the laws.

http://www.transalt.org/press/media/2003/031108dailynews.html

I think one of the most dangerous pedestrian crossings is at Bartel Pritchard Square (Circle) at 15th St. No matter how many (or how big the) signs, people fly through that intersection with no regard for pedestrians.

I know that there have been petitions to put a light/stop sign there.

Does anybody know what the proper avenue of escalation/complaint is to get something like that done.

The whole focus on the iPod in this story is ridiculous. Let's blame the victim for crossing the street IN a crosswalk and having the right of way......

Not only that, but they make the right turn onto 15th from the middle lane, even though there are arrows painted on the street making it clear that you are supposed to turn right only from the right lane. I can't tell you how many times I've been about to make that turn from the right lane and been cut off by someone turning right from the middle lane.

The DOT repainted the crosswalk and added a sign about yielding to pedestrians, but I don't think it's made a bit of difference in how drivers behave at that corner.

I feel really sure that sooner or later, someone making their illegal turn from the middle lane will be in such a hurry to cut off the person who is legally turning from the right lane that they will never notice the pedestrian in the crosswalk. Maybe once someone dies, the DOT will get around to figuring out how to make that crosswalk safe. But more likely the driver will just get a ticket because it was an "accident."

Rose wrote: Not only that, but they make the right turn onto 15th from the middle lane, even though there are arrows painted on the street making it clear that you are supposed to turn right only from the right lane. I can't tell you how many times I've been about to make that turn from the right lane and been cut off by someone turning right from the middle lane.

The DOT repainted the crosswalk and added a sign about yielding to pedestrians, but I don't think it's made a bit of difference in how drivers behave at that corner.

The best was when they put up those big plastic pegs a few years back to "protect" the sidewalk by forcing drivers to make a slightly wider turn onto 15th. Of course they were mowed down within a week. Since replaced, not sure how the new set is doing.

SUVs are ridiculous. I wouldn't be seen in one if I could avoid it.

Arbitrary exception: http://cgi.ebay.com/ebaymotors/1974-Jeep-Wagoneer-42K-original-miles-NO-RESERVE_W0QQitemZ320083038971QQihZ011QQcategoryZ6284QQrdZ1QQcmdZViewItem

kensingtonmom wrote: Curious as to why not a vehicular manslaughter charge?

Because you need to have an inital finding of criminal negligence plus additional factors in order to be able to charge someone with vehicular manslaughter.

Here are the sections of the penal code.

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.

S 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when
he:
(1) commits the crime of criminally negligent homicide as defined in
section 125.10, and either
(2) causes the death of such other person by operation of a vehicle in
violation of subdivision two, three or four of section eleven hundred
ninety-two of the vehicle and traffic law or by operation of a vessel or
public vessel in violation of paragraph (b), (c), (d) or (e) of
subdivision two of section forty-nine-a of the navigation law, or
(3) causes the death of such other person by operation of a motor
vehicle with a gross vehicle weight rating of more than eighteen
thousand pounds which contains flammable gas, radioactive materials or
explosives in violation of subdivision one of section eleven hundred
ninety-two of the vehicle and traffic law, and such flammable gas,
radioactive materials or explosives is the cause of such death, by
operation of a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or by operation of an all terrain vehicle as defined in
paragraph (a) of subdivision one of section twenty-two hundred
eighty-one of the vehicle and traffic law in violation of subdivision
two, three, or four of section eleven hundred ninety-two of the vehicle
and traffic law.
Vehicular manslaughter in the second degree is a class D felony.

S 125.13 Vehicular manslaughter in the first degree.
A person is guilty of vehicular manslaughter in the first degree when
he:
(1) commits the crime of vehicular manslaughter in the second degree
as defined in section 125.12, and
(2) commits such crime while knowing or having reason to know that:
(a) his license or his privilege of operating a motor vehicle in another
state or his privilege of obtaining a license to operate a motor vehicle
in another state is suspended or revoked and such suspension or
revocation is based upon a conviction in such other state for an offense
which would, if committed in this state, constitute a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law; or (b) his license or his privilege of operating a
motor vehicle in the state or his privilege of obtaining a license
issued by the commissioner of motor vehicles is suspended or revoked and
such suspension or revocation is based upon either a refusal to submit
to a chemical test pursuant to section eleven hundred ninety-four of the
vehicle and traffic law or following a conviction for a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law.
Vehicular manslaughter in the first degree is a class C felony.

If the accident is based upon driver not knowing a pedestrian is nearby the victim's family could sue the manufacturer for creating an unsafe vehicle. They could also sue the government for not adequately testing the safety of the vehicle. The driver of the vehicle could also make such a suit if he suffers from remorse.