What Is Hayley and Diego's Law? (NY VTL § 1146 Explained)

Hayley and Diego's Law is New York's Vehicle and Traffic Law § 1146. It requires every driver to use due care to avoid injuring pedestrians and cyclists. Enacted in 2010 and named for two children killed in a Chinatown traffic accident, it imposes fines and jail time on drivers whose negligence causes injury. It also strengthens civil personal injury claims.

For anyone struck by a careless driver in New York, this law matters in a way that goes beyond traffic court. It does two things at once. It gives prosecutors a tool to hold negligent drivers accountable, and it creates a legal presumption that can shift the balance in a civil injury lawsuit. At The Orlow Firm, we have represented pedestrians and cyclists injured by negligent drivers throughout Queens and New York City for over 40 years. VTL § 1146 is one of the protections we look to when building those cases.

The Story Behind the Name

In January 2009, a delivery van was left running and parked on a Chinatown street. With no one at the wheel, the van rolled backward onto the sidewalk and struck two small children: Hayley Ng, age 4, and Diego Martinez, age 3. Both children were killed. (amNewYork)

What shocked many New Yorkers was what came next. No meaningful traffic charge applied. Under the law as it stood, a driver who carelessly killed or injured a pedestrian faced essentially no traffic consequence. That held as long as the driver was not drunk and did not flee the scene. It also held as long as the conduct did not rise to the high standard of criminal negligence. The driver who walked away from that van had left it in reverse, yet the existing statutes left a gap that ordinary carelessness simply fell through.

That gap is what the law was written to close. Led by State Senator Daniel Squadron and Assemblymember Brian Kavanagh, the legislature drafted a statute requiring drivers to use due care around pedestrians and cyclists. The bill was signed into law, and Hayley and Diego's Law took effect in October 2010. (NY Senate press release)

What Does VTL § 1146 Require of Drivers?

The core of the statute is simple. Under VTL § 1146(a), every driver must use due care to avoid colliding with any bicyclist, pedestrian, or domestic animal on the roadway. The driver must also give a warning by sounding the horn when necessary. (NY VTL § 1146)

"Due care" is the standard a reasonable, careful driver would use under the circumstances. It is not a guarantee that nothing will ever go wrong. It is a duty to pay attention and drive responsibly around people who have no steel cage around them.

A few points are worth understanding:

• The duty applies everywhere in New York State, not only in New York City and not only at intersections.
• It protects all vulnerable road users, including pedestrians crossing mid-block, cyclists riding in bike lanes, and highway workers on the roadway.
• It is not triggered simply because a pedestrian or cyclist is nearby. The statute's penalties come into play when a driver's failure to use due care actually causes injury.

In other words, the law recognizes that drivers operate heavy machinery in shared space. It places the responsibility for careful operation squarely on the person behind the wheel.

What Are the Penalties for Violating Hayley and Diego's Law?

The penalties scale with the severity of the harm caused. Here is how the statute breaks down:

On top of the criminal penalties, a conviction now carries five points on the driver's license, increased from two points for offenses on or after November 6, 2024.

One important distinction runs through these tiers. "Physical injury" and "serious physical injury" are not loose descriptions. They have specific definitions under New York's Penal Law, and which one applies determines the penalty level. We will not try to define those terms precisely here, because the difference can be legally significant in a given case. An attorney can assess which category fits the facts.

How Is Hayley and Diego's Law Enforced?

Enforcement of VTL § 1146 has some practical limits that are useful to understand.

First, a summons can only be issued when an actual injury to a pedestrian or cyclist has occurred. There is no charge under this statute for careless driving alone. Without an injury, the law's penalty provisions are not triggered.

Second, there has historically been a procedural limit. Officers could generally issue a summons only when the violation happened in their presence. Most of these incidents are not witnessed by police as they occur, so this limited how often the law was charged. Legislative proposals have sought to expand enforcement, letting officers act on reasonable cause even when they did not personally see the collision.

New York City also has a companion law worth knowing about. NYC Administrative Code § 19-190 addresses a driver's failure to yield to a pedestrian or cyclist who has the right of way. When physical injury results, that violation is a misdemeanor carrying up to 30 days of imprisonment and a fine of up to $250. (NYC Admin Code § 19-190) The two laws overlap but are distinct. VTL § 1146 is statewide and centers on the duty of due care, while § 19-190 is a New York City right-of-way law.

In practice, evidence drives enforcement. Traffic camera footage, eyewitness accounts, and police reports all shape whether a violation can be charged. That same evidence often becomes important later in a civil case.

How Does VTL § 1146 Affect a Personal Injury Lawsuit?

This is where the law matters most to someone who has already been hurt. A traffic charge is one thing. Recovering compensation for medical bills, lost income, and pain is another. VTL § 1146 connects the two in several ways.

Criminal and civil cases are separate tracks. A VTL § 1146 violation is a criminal or administrative matter handled in traffic or criminal court. A personal injury claim is a civil lawsuit, decided under different rules and a different standard of proof. A driver can face both at the same time, and the outcome of the traffic case does not by itself decide the civil case. An injured person does not have to wait for a conviction, or depend on one, to pursue compensation.

The rebuttable presumption can be powerful. Under VTL § 1146(b)(2) and (c)(2), the statute creates a presumption when the driver failed to use due care and caused physical or serious physical injury. That presumption says the driver's operation caused the injury. (NY VTL § 1146) A presumption is not a guarantee, because the driver can present evidence to rebut it. But it can shift the practical burden. The driver must then explain why they should not be held responsible, rather than the injured person carrying the entire weight of proving causation from the start.

A violation may support a negligence argument. Breaking a safety statute like VTL § 1146 may be used to argue negligence per se. That is the legal idea that violating the statute can establish negligence without separately proving the driver acted unreasonably. This is an argument an attorney makes based on the specific facts, not an automatic result. The statute itself does not say "negligence per se," and how a court treats it depends on the case.

Evidence overlaps between the two cases. The police report, camera footage, and witness statements gathered for the traffic side are often exactly what a civil claim needs. Injured pedestrians and cyclists should preserve this material rather than assume someone else has it.

Deadlines apply, and they are not all the same. Under CPLR § 214, injured people in New York generally have three years from the date of injury to file a personal injury lawsuit. But that general rule has exceptions. The most important one is that when a government entity is a defendant, a Notice of Claim is typically required within 90 days. The applicable deadline depends on who is responsible, so an attorney should identify it early.

It is worth being clear about what this law does not do. A VTL § 1146 violation does not automatically win a civil case or guarantee compensation. It is a tool, and a meaningful one, that an attorney can use to build a stronger claim based on the facts.

To put the stakes in human terms, these are not minor matters. In one matter we handled, an 83-year-old pedestrian who was struck by a vehicle and suffered multiple fractures recovered $1,200,000. Prior results do not guarantee a similar outcome, and every case turns on its own facts. But serious injuries to pedestrians and cyclists carry serious consequences, which is exactly why the law treats driver carelessness around them as more than a formality.

Hayley and Diego's Law in the Context of NYC Street Safety

This statute is one piece of a larger effort to make New York's streets safer. New York City launched its Vision Zero initiative in 2014 with the goal of eliminating traffic deaths. Progress has not been steady. The first half of 2024 saw 127 traffic deaths, the worst six-month start in the Vision Zero era. That included 61 pedestrian deaths, well above the program's average. (Transportation Alternatives / Families for Safe Streets)

The trend then reversed sharply. The first six months of 2025 recorded 87 fatalities, the lowest level since the city began keeping records, and the city continued expanding protected bike lanes and automated speed enforcement. (NYC DOT) Hayley and Diego's Law fits into this picture by holding individual drivers accountable and reinforcing a culture of due care behind the wheel.

What Should You Do If You Were Hit by a Careless Driver in New York?

If you have been struck by a driver, the steps you take early can protect both your health and any future claim:

1. Seek medical attention right away, even if your injuries seem minor. Some serious injuries are not obvious at first.
2. Call 911 and make sure a police report is created, so the incident is documented officially.
3. Photograph the scene if you safely can: the vehicle, the point of impact, your injuries, the road conditions, and any signage.
4. Collect the names and contact information of any witnesses.
5. Preserve evidence such as damaged clothing or equipment, medical records, and bills.
6. Keep a record of how your injuries affect your daily life, including missed work and ongoing limitations.
7. Consult a personal injury attorney. VTL § 1146 cases involve both criminal and civil dimensions that are easier to handle with experienced help.
8. Be mindful of deadlines: generally three years for most civil claims, but as little as 90 days for a Notice of Claim when a government entity may be responsible.

One thing to avoid: do not discuss the incident publicly or on social media. Statements made online can be taken out of context and used to challenge your account later.

Frequently Asked Questions: Hayley and Diego's Law

Who does VTL § 1146 protect?

The law protects vulnerable road users: pedestrians, bicyclists, and even domestic animals on the roadway. That includes people crossing the street mid-block, cyclists in bike lanes, and highway workers. It covers anyone exposed on the road who depends on drivers to operate with care.

What is the difference between Hayley and Diego's Law and NYC Administrative Code § 19-190?

VTL § 1146 is a statewide New York law centered on a driver's general duty of due care around pedestrians and cyclists. NYC Administrative Code § 19-190 is a New York City law focused on failing to yield to someone with the right of way. It becomes a misdemeanor when physical injury results. They overlap but apply in different ways.

Can I sue a driver who violated VTL § 1146?

Yes. A traffic charge under VTL § 1146 is separate from a civil personal injury lawsuit, and you do not need a conviction to bring a claim. A violation may also help support your civil case through the statute's rebuttable presumption and a negligence argument. Whether and how those apply depends on your specific facts, which an attorney can evaluate.

How long do I have to file a lawsuit after being hit by a car in New York?

For most personal injury claims, New York's general deadline is three years from the date of injury under CPLR § 214. Shorter deadlines apply in some situations, most notably a 90-day Notice of Claim when a government entity is involved. Because the deadline depends on who is responsible, it is best to speak with an attorney promptly.

Sources & Official Resources

New York Laws Cited

1. NY Vehicle and Traffic Law § 1146 — Drivers to Exercise Due Care
2. CPLR § 214 — Statute of Limitations (Three Years)

NYC Laws Cited 3. NYC Administrative Code § 19-190 — Right of Way (Failure to Yield)

Legislative History 4. 'Hayley and Diego's Law' to Crack Down on Careless Driving — NY Senate Press Release (2010)

Statistics Sources 5. NYC DOT — Vision Zero: Traffic Deaths Reached Lowest Level in Recorded History, First Half 2025 6. Transportation Alternatives & Families for Safe Streets — Deadliest First Six Months in Vision Zero History (2024)

Contact The Orlow Firm

If you or a loved one was struck by a careless driver in New York, Hayley and Diego's Law may give you rights you did not know you had. That means both accountability for the driver and grounds for a civil personal injury claim. Understanding those options is an important first step.

The Orlow Firm has represented pedestrians and cyclists injured by negligent drivers throughout Queens and New York City for over 40 years. If you need an experienced NYC pedestrian accident attorney, call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.

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This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.