A Long Island bus crashed into a house Tuesday night after swerving to avoid a jay-walking pedestrian, the NY Daily News is reporting. The driver was able to divert the bus in time to avoid fatally injuring the pedestrian, however the accident killed a young boy inside the house. The boy’s brother was also injured in the accident, although not fatally. The pedestrian sustained multiple fractures of the upper body, including several ribs and his skull.
New York Vehicle and Traffic Law section 1152(a) states that “Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.” It appears from the story in the Daily News that the pedestrian in this case, because he was jaywalking, was in violation of this section of the VTL. The News claims that the pedestrian may face criminal charges, although these charges are not specified. Criminal charges, should they be levied against the jaywalker, could take several forms. Depending on the facts of the situation, the pedestrian’s conduct could be viewed on a scale from negligent to reckless, which would effect any potential charges that could be brought. Without this information (had the walker been drinking: was the bus driver speeding; etc), it is difficult to speculate on exactly what charges are being considered. It will be interesting to check back in and see both if charges are filed, and if so what these charges are.
The full tragic story can be found here in the New York Daily News.