A dump truck driver was arrested today after he struck and killed a pedestrian who was crossing the street in Midtown.

Police say 51-year-old Carlos Torres was turning left onto 11th Avenue from West 37th Street at around 10:00 a.m. when he failed to yield to Elsie Marie Lachowyn, who was crossing 11th Avenue from east to west.

According to the Daily News, Lachowyn was visiting the city from Canada. Torres is charged with failure to yield to a pedestrian.

The charges against Torres come a week after Manhattan DA Cy Vance Jr. decided to drop failure to yield charges against the driver of a Coca-Cola truck who killed 86-year-old Peter Romano on the Upper East Side in 2014.

Vance’s office said the charges couldn’t stick, because Romano was 5’5” tall, and therefore the driver, Victor Hernandez, could plausibly argue that his truck prevented him from seeing Romano.

Paul Steely White, the executive director of Transportation Alternatives, called Vance’s decision “positively chilling.”

“By dropping the Right of Way charge, the Manhattan District Attorney is further codifying the clichéd excuse “I didn’t see him” as a legal term of art that any negligent or reckless driver can use to avoid accountability—even professional drivers who have been trained to be aware of blind spots,” White said in a release.

A Transportation Alternatives report released in December that evaluated the traffic safety records of the city's five DAs praised Vance for his willingness to prosecute dangerous drivers in some instances, but also noted that his office "places traffic violence as a priority well below cybercrime and money theft, even though traffic is the leading cause of injury-related death for New York City children."