The Duty of Care for Motor Vehicle Operators: Ensuring Roadway Safety for Pedestrians and People in Wheelchairs
Motor vehicle operators have a fundamental duty of care to operate their vehicles safely and responsibly. This duty extends not only to other motorists but also to vulnerable road users, including pedestrians, and individuals using wheelchairs. New York State Vehicle and Traffic Law defines pedestrian as, “any person afoot or in a wheelchair.”
Understanding the Duty of Care for Drivers
The duty of care requires drivers to exercise reasonable caution, adhere to traffic laws, remain vigilant, and take appropriate measures to prevent harm to others. The law recognizes that drivers must anticipate foreseeable risks and drive cautiously, within the speed limit to ensure the safety of all road users. Under New York Vehicle and Traffic Law (VTL) §1146, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian.
Motorists Need to Watch for and Avoid Pedestrians and Wheelchairs
Pedestrians and those in wheelchairs are among the most vulnerable individuals on the road. Drivers must remain alert in areas where pedestrians and wheelchairs are likely to be present, such as crosswalks, school zones, and urban streets. To fulfill their duty of care, motorists should:
- Always yield to pedestrians at marked and unmarked crosswalks, as instructed by VTL §1151.
- Reduce speed in pedestrian-heavy areas as instructed by VTL §1180
- Avoid distractions, such as texting or using a phone while driving as instructed by VTL §1225-C
- Always make room for and respect individuals using mobility devices who have rights to use shoulders and lanes reserved for non-motorized vehicles as instructed by VTL §1274.
What are the Legal Consequences of Hitting a Pedestrian or Person in a Wheelchair with a Car or other Motor Vehicle?
When a driver fails to uphold their duty of care, they may be held legally responsible for any resulting injuries or damages caused to the pedestrian/person in the wheelchair. Victims of negligent driving can pursue compensation through a personal injury claim, by bringing a lawsuit against the driver and the driver’s automobile insurance carrier. In severe cases, drivers who strike pedestrians or a person in a wheelchair may face criminal charges for reckless or impaired driving.
Motor vehicle operators have a significant responsibility to protect all road users by driving attentively and cautiously. By staying alert to pedestrians and wheelchair users, drivers can help prevent accidents and uphold their duty of care. Safe driving is not just a legal obligation—it is a moral duty that ensures our roads remain safe for everyone.