Due care and the right of way of pedestrians and bicyclists.

A Local Law to amend the administrative code of the city of New York, in relation to due care and the right of way of pedestrians and bicyclists

The Administrative Code requires a driver of a motor vehicle to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way. Failure to yield is a traffic infraction, rising to a misdemeanor if injury is caused; however, it is not a violation if the failure to yield and/or injury was not caused by the driver’s failure to exercise due care. Under the bill, in relation to due care, consideration would be given to visibility, illumination, weather conditions, roadway conditions, roadway design, faulty vehicular equipment or design, and whether such pedestrian or person was in violation of any provision of State law relating to the obligations of pedestrians and cyclists at the time of such failure to yield.