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Kellner Introduces Elle’s Law to Protect Pedestrians from Careless Drivers

May 17, 2010


In September 2009, 3-year-old Elle Vandenberghe was crossing the street in New York City when a motorist who had passed by an open parking spot backed up the wrong way on a one-way street through an intersection and struck Elle while she was in the crosswalk. Injuries sustained from the impact have left Elle with permanent brain damage and limited use the right side of her body. Doctors say that Elle may never walk again. Although the motorist displayed a blatant disregard for pedestrian safety and consequently left Elle permanently disabled, he was issued only a minor traffic infraction, paid a small fine and was free to get back behind the wheel, subject to no further penalty.

Traffic laws exist to keep people safe. But as it stands, drivers who break the law and cause horrible injuries to pedestrians are all too often getting nothing more than a slap on the wrist. This is why I have introduced “Elle’s Law” (A. 10617), which will create significant new penalties for motorists whose traffic violations cause serious physical harm to a pedestrian.

Current law fails to adequately address the significant problem of drivers who flagrantly violate and blatantly disregard the “rules of the road” by speeding, refusing to obey traffic signals, or by committing other “moving” violations, even when such driving results in the tragedy of a serious pedestrian injury. Prosecutors are unable to charge drivers who seriously injure innocent pedestrians under the existing Vehicular Assault laws, even when the serious injury was the direct result of the driver’s moving violation, unless it can be proven the driver was under the influence of drugs or alcohol. This outrageous reality leaves our pedestrians vulnerable.

Elle’s Law will force drivers to take responsibility for their actions, and it will provide justice for those who are victimized by careless driving. The New York Daily News reported on Elle’s Law here.

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Written by Micah · Filed Under Albany Report, Blogroll, Legislative Updates 

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One Response to “Kellner Introduces Elle’s Law to Protect Pedestrians from Careless Drivers”

  1. Governor Honors Elle Vandenberghe, Signs Elle’s Law : NYS Assembly Member Micah Kellner on August 16th, 2010 8:36 am

    [...] introduced Elle’s Law in honor of 3-year old Elle Vandenberghe, who was struck by a motorist while she was on her way to [...]

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