New Law Inspired By Chinatown Van Crash Takes Effect

Hayley Ng

Back in 2009, an unoccupied delivery van left idling on East Broadway in Chinatown jumped a curb and killed two preschoolers as their class was coming back from a field trip. 17 people were injured in the incident, which was deemed an accident. The driver was not charged or even issued a ticket, sparking enormous outrage and rallies demanding a new law that would criminalize such carelessness. On Thursday, that law goes into effect.

Called Hayley and Diego's Law, it's named after 4-year-old Hayley Ng and her 3-year-old classmate Diego Martinez. Sponsored by Assemblymember Brian Kavanagh and Senator Daniel Squadron, the law closes a loophole in that allows a driver who has caused injury or death to avoid punishment. Under the amendment, "drivers who act in a manner that endangers or would be likely to endanger a pedestrian or cyclist thereby causing physical injury or death shall be guilty of a traffic infraction. Punishment could include a fine, a term of imprisonment of up to 15 days and/or the participation in a motor vehicle accident prevention course."

It won't bring the victims back, and 15 days in jail still seems too light, but perhaps it's better than nothing. "Wake up, New York, it's time to be careful about how you drive," Hayley's aunt Wendy Cheung tells the Daily News. "My sister is heartbroken. It's as painful as the day it happened. Hayley was her only child."

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By John Del Signore in News on October 12, 2010 1:56 PM

Comments [rss]

Gwinny

No one was ever really able to explain how an unattended, idling car was able to move on its own. If it were an automatic, it would've started to move as soon as he took his foot off the brake. If it were a stickshift, it would've stalled (if left in gear) as soon as he took his foot off the clutch.

Shenanigans.

John L

Look at the beautiful smile, that's really heartbreaking.

Gone but not forgotten.

Rest in peace after Hayley Ng and Diego Martinez.

macdaddynyc

"...Punishment could include a fine, a term of imprisonment of up to 15 days and/or the participation in a motor vehicle accident prevention course."

Are you f*ckin' kidding me? How about a minimum fine of $10,000, mandatory imprisonment of 1 yr, loss of vehicle and license, and the loved ones of the deceased get to break your freakin' legs! And Manitoba's right, what about civil penalties? You kill because you're negligent, YOU PAY FOREVER! The families of the deceased pay about that long.

Spirit of 76

A few days too late for that poor girl on her bike nearly killed by a truck with an unqualified driver behind the wheel.

Manitoba

What about suing the van owner/employer of the person acting criminally? Maybe civil penalties will be more persuasive. I always wondered in this case if there was a civil case...

juliec

This still seems like a win for homicidal motorists.

jterry121

Example # 2,131,313 why the idiotic human race is doomed to extinction

Rocknrope

A step in the right direction; unfortunately, two children had to be killed for it to happen. If it were two adults, I guarantee nothing would have been done and this would have been chalked up to an "accident."

Face it. In New York, unless you're driving drunk, you can kill people with impunity, as long as you do it with a vehicle.