NYPD has not filed charges against a cab driver who killed a pedestrian on the Upper East Side last week, despite indications that the crash may warrant a misdemeanor charge under a new city law.
Available information suggests the cab driver failed to yield to a pedestrian with the right of way. According to press accounts, the 58-year-old victim was in a crosswalk at around 2 p.m. last Friday when the cab driver, who was northbound on Madison, hit her while turning left onto E. 79th Street. The victim was dragged before the driver came to a stop, leaving her pinned beneath the Nissan NV200 cab until witnesses overturned the vehicle, which was still running, to free her.
The woman was declared dead at Lenox Hill Hospital. As of Thursday morning her identity was still being withheld pending family notification, according to NYPD.
The 30-year-old cab driver was not injured, reports said, and his passenger was treated for a head injury at the scene.
“Preliminarily, both of them had the right of way,” an NYPD spokesperson said. This is not possible, but it is a strong indication that the victim was crossing with the walk signal. Since the motorist would have been required by law to yield in this situation, only the victim would have had the right of way.
A new city law makes it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Intro 238, now known as Section 19-190, took effect last month, but at that time a spokesperson for Mayor de Blasio said NYPD wasn’t yet ready to enforce it.