1. New York Traffic Lawyer | Case Background and Incident Overview
The client retained a new york traffic lawyer after being notified that the New York Police Department had classified the matter as a serious physical injury investigation involving a pedestrian.
Given the severity of the injuries and the location near a crosswalk, prosecutors closely examined whether criminal charges under New York law were appropriate.
Early Morning Road Conditions and Pedestrian Movement
The collision occurred during the early morning commute following overnight rainfall, which left the roadway wet and reduced tire traction.
The client was driving straight within the posted speed limit when a pedestrian suddenly entered the roadway from outside the designated crossing zone.
Despite immediate braking, the vehicle skidded on the slick pavement, making the collision unavoidable.
2. New York Traffic Lawyer | Legal Exposure under New York Law
Because the pedestrian sustained fractures and a diagnosed concussion requiring extended treatment, law enforcement evaluated whether the injuries constituted “serious physical injury” under New York Penal Law.
The investigation focused on whether the driver violated statutory duties imposed by the Vehicle and Traffic Law.
Duty of Care and Speed Analysis
Under New York Vehicle and Traffic Law §1146, drivers must exercise due care to avoid colliding with pedestrians, even when pedestrians act unpredictably.
Investigators also reviewed VTL §1180, which prohibits driving at a speed that is not reasonable and prudent under existing conditions.
The prosecution initially suggested that wet pavement required additional caution beyond posted speed limits.
Criminal Assault Threshold Review
For criminal liability to attach under Penal Law §120.20 or §120.10, prosecutors must establish recklessness or criminal negligence causing serious physical injury.
A new york traffic lawyer emphasized that momentary loss of control caused by unexpected pedestrian entry and road conditions does not automatically satisfy this standard.
3. New York Traffic Lawyer | Defense Strategy and Evidence Development
Avoiding criminal charges required immediate intervention and a structured evidentiary response tailored to New York traffic and criminal statutes.
Accident Reconstruction and Fault Allocation
The defense team secured nearby surveillance footage, dash camera recordings from adjacent vehicles, and roadway design data.
These materials demonstrated that the pedestrian entered from outside the crosswalk and that the client had insufficient time and distance to avoid impact.
This shifted the narrative from presumed driver fault to a complex, shared risk traffic scenario.
Injury Causation and Medical Review
Medical records were carefully analyzed to determine whether all claimed injuries were directly attributable to the collision.
The new york traffic lawyer worked with consultants to confirm that no pre existing conditions were improperly attributed to the incident, preventing exaggeration of criminal exposure.
4. New York Traffic Lawyer | Resolution and Case Outcome
After reviewing the complete evidentiary submission, prosecutors concluded that the accident did not involve criminal recklessness or negligence.
The driver’s immediate emergency response, cooperation with authorities, and documented efforts toward victim recovery were decisive factors.
Non Prosecution Determination
The District Attorney’s Office formally declined prosecution, issuing a determination of no criminal liability.
The client avoided arrest, criminal charges, and permanent record consequences while preserving driving privileges under New York law.
09 Feb, 2026
