Driver Who Killed UES Pedestrian Gets Harsher Summons

Via CBS

After 21-year-old Jason King was fatally struck by a truck backing up through an intersection on East 86th Street, driver Anthony Regisford was issued a summons for failing to secure a load and another one for not having a medical card. But Assembly Member Micah Kellner, author of Elle's Law, pointed out there are laws "on the books for the police and the DA to use as tools to punish reckless driving and take dangerous drivers off the road." Well, ask and ye shall receive, because the driver has also been hit with a summons in violation of Vehicle Traffic Law Section 1146.

Steve Vaccaro of Transportation Alternatives tells us, "after Senator [Liz] Kruger and AM Kellner wrote their letters to [Manhattan DA] Cy Vance and [Police Commissioner] Ray Kelly, a summons under VTL Section 1146 (as amended by Elle's Law and Hayley & Diego's Law) was issued to the killer of Jason King." The section states that drivers must "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." Police believe that King was listening to his iPod at the time of the crash, but as Transportation Alternatives previously said, "iPods don't kill people, negligent drivers do."

Brooklyn Senator Carl Kruger has also used the incident as fuel for his proposed ban on texting, talking on cell phones or listening to headphones while crossing the street. Because when in doubt, blame the victim.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jaya Saxena in News on February 8, 2011 4:43 PM

Comments [rss]

Bicycles Only

I hope folks realize that there are TWO Senator Krugers--one in Manhattan that worked to get the law applied in this case, and another in Brooklyn that's trying to punish pedestrians for wearing iPods. Post should probably be amended to give the first name of each Senator Kruger in the appropriate spots.

ptginnyc

21 year olds shouldn't live on the UES, even though I agree more vehicular d-bags need to be held accountable

bustachime

I don't know - I think it's the perfect loophole, don't you? Need to kill someone but don't want to do hard time? Rent a car and pretend you were distracted and didn't see the target. You'll get a summons for TRAFFIC court which results in what? a fine? revocation of license?

crabbbapple

Whoever is maneuvering a giant truck BACKWARDS down a one-way avenue with no visibility, and nobody else, is entirely responsible to make sure the passage is clear. That`s why most truck and bus drivers just drive around the block rather than back up with zero visibility.

nicemarmot

How about we start prosecuting people who murder through negligent driving for manslaughter? How is not paying attention to where you're driving/driving erratically all that different from driving drunk?

Rod

that's all there is to it, and so the real question now is why gothamist won't ask Cy Vance or Ray kelly to EXPLAIN why they refuse to enforce the manslaughter laws.

as long as the press lets them get away with murder, why on earth should anything improve?

let's say it again: ANY DEATH CAUSED BY ANY NEGLIGENCE IS A MANSLAUGHTER CHARGE.

Stevennnn

This is something where both parties are at fault. Stop with the finger pointing. Drivers should pay attention when driving and pedestrians need to watch where they're going.

Eric

Will Brooklyn Senator Carl Kruger propose banning deaf people from crossing the street?

Rod

keep in mind that police have every motive to LIE and make up shit to smear victims.

bc 99% of cops are automobile lovers.

Bob Moses

You can't put any blame on the victim in this accident or any other involving a pedestrian and a vehicle. The guy is backing up a fucking 6 ton truck on one of the busiest intersections in manhattan. It is entirely the responsibility and fault of the driver.

coupdefoudre

"Watching where you're going" doesn't really apply when a Mack truck comes flying at you in reverse.

heyhohey

You just pointed your finger in both directions. How do you know that the victim was at fault? Were you there? They don't actually know for a fact that he was listening to an ipod.

m015094

Don't trucks make a loud beeping noise when backing up? And it's not like the go 30 mph in reverse....just saying.

Politburo

Backup beepers, contrary to popular belief, are not required by law. And even if the vehicle is equipped at the factory, many operators will disable them because they can be very annoying, especially to neighbors if you're backing down an alley at 6 am (which is when this incident occurred).

heyhohey

They are supposed to but I have noticed a lot of trucks here, more than 50% of those I see backing up, that don't have the warning sounds they are supposed to. I also see a good number of them going very fast while backing up. Asshole drivers are perfectly capable of backing up at 30 mph, I see it all the time on my street and having driven dump trucks I know there's nothing built in that stops them from going over a certain speed just because they're going backwards, only good judgement of the driver, which most seem to lack here.