VTL § 1146(c), “Causes Serious Physical Injury by Failing to use due Care”

Vehicle & Traffic Law §1146 (a) concerns the failure to exercise due care around bicyclists or pedestrians. Vehicle & Traffic Law § 1146 (b) concerns incidents when the failure to exercise due care resulted in an injury to a bicyclist or pedestrian. VTL § 1146(c) concerns incidents where the failure to exercise resulted in a serious physical injury. A serious injury is defined as

“physical injury which creates a. substantial risk of death, or which causes death or serious and. protracted disfigurement, protracted impairment of health or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”

The violation remains at two points on your driver’s license. However, the possible fine increases to $750 + mandatory surcharge. Furthermore, two such incidents in five years turn the second incident into a misdemeanor criminal offense. The second incident increases the possible fines to $1000 + surcharge. But most importantly, a second conviction results in possible jail time and a permanent criminal record.

Statute

The wording of the Statute:

1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspension of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter.

2. If such driver of a motor vehicle causes serious physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such serious physical injury.

(d) A violation of subdivision … (c) of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than one thousand dollars in addition to any other penalties provided by law.

Fighting a VTL § 1146(c) Ticket

1146-c charges are considered relatively serious and should be handled properly. Any conviction will result in points on your driving record, and more importantly, substantial increases in insurance premiums. As outlined above, there is also the risk of criminal charges. However, if handled well, such charges can be dismissed or reduced to a parking ticket. The officer that issues the ticket, almost always, does not have firsthand knowledge of the alleged failure to utilize due care. An attorney with experience in Traffic Law is in the best position to take on this ticket. Your lawyer can also make any necessary court appearances in your place. This means you can beat the ticket without even having to appear in court.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office PC is a traffic ticket defense firm that operates in New York State. The firm takes on cases state-wide, helping clients in New York City, Long Island, Hudson Valley, Catskills, Central New York, Southern Tier, Finger Lakes, Western New York, Capital Region, Mohawk Valley, and North Country. We take on all kinds of traffic -related charges, from stop sign tickets to complex criminal cases. The team at the Benjamin Goldman Law Office likes to be known for extensive efforts they put into each case. Our attorneys do not rest until they are confident that they obtained the best possible disposition that is available under the circumstances. The many five star reviews we have received are a testament to our legal work. The Benjamin Goldman Law Office has been dedicated to Vehicle & Traffic Law since 2011. Our attorneys have extensive experience handling various traffic related charges. We are confident that your § 1146(c) ticket is in good hands with us. You can reach out to discuss your case at your convenience anytime during regular business hours. Consultations are free.

Fight a VTL § 1146(c) Ticket