N.Y. Vehicle & Traffic Law § 1146: Drivers to exercise due care

§ 1146. Drivers to exercise due care. (a) Notwithstanding the

provisions of any other law to the contrary, every driver of a vehicle

shall exercise due care to avoid colliding with any bicyclist,

pedestrian, or domestic animal upon any roadway and shall give warning

by sounding the horn when necessary. For the purposes of this section,

the term "domestic animal" shall mean domesticated sheep, cattle, and

goats which are under the supervision and control of a pedestrian.

(b) 1. A driver of a motor vehicle who causes physical injury as

defined in article ten of the penal law to a pedestrian or bicyclist

while failing to exercise due care in violation of subdivision (a) of

this section, shall be guilty of a traffic infraction punishable by a

fine of not more than five hundred dollars or by imprisonment for not

more than fifteen days or by both such fine and imprisonment.

2. If such driver of a motor vehicle causes physical injury while

failing to exercise due care in violation of subdivision (a) of this

section, then there shall be a rebuttable presumption that, as a result

of such failure to exercise due care, such person operated the motor

vehicle in a manner that caused such physical injury.

(c) 1. A driver of a motor vehicle who causes serious physical injury

as defined in article ten of the penal law to a pedestrian or bicyclist

while failing to exercise due care in violation of subdivision (a) of

this section, shall be guilty of a traffic infraction punishable by a

fine of not more than seven hundred fifty dollars or by imprisonment for

not more than fifteen days or by required participation in a motor

vehicle accident prevention course pursuant to paragraph (e-1) of

subdivision two of section 65.10 of the penal law or by any combination

of such fine, imprisonment or course, and by suspension of a license or

registration pursuant to subparagraph (xiv) or (xv) of paragraph b of

subdivision two of section five hundred ten of this chapter.

2. If such driver of a motor vehicle causes serious physical injury

while failing to exercise due care in violation of subdivision (a) of

this section, then there shall be a rebuttable presumption that, as a

result of such failure to exercise due care, such person operated the

motor vehicle in a manner that caused such serious physical injury.

(d) A violation of subdivision (b) or (c) of this section committed by

a person who has previously been convicted of any violation of such

subdivisions within the preceding five years, shall constitute a class B

misdemeanor punishable by a fine of not more than one thousand dollars

in addition to any other penalties provided by law.

(e) Nothing contained in this section shall prevent the court from

imposing any other authorized disposition, including a period of

community service.