New Statewide Coalition Unveiling the Crash Victims Rights & Safety Act in Response to Rising Traffic Deaths and Speeding, Launches Campaign for Passage This Year in Albany
FOR IMMEDIATE RELEASE: April 8, 2021
Contact: Marco Conner DiAquoi, marco.conner@transalt.org
Families For Safe Streets, Transportation Alternatives, Mothers Against Drunk Driving, NY Bicycling Coalition, Additional Advocates, and Legislators Unite To Pass Package of Eight Critical Bills to Save Lives, Protect Crash Victims, and Make Streets Safer
Package includes ‘Sammy’s Law’ to give New York City local control of speed limits, nation’s first vehicle safety rating and labeling law, and nation’s first-ever Crash Victims Bill of Rights
ALBANY, NY — Today, a statewide coalition unveiled the new Crash Victims Rights & Safety Act, a package of eight critical bills that will better support victims of traffic violence and make streets safer across New York State at a moment when traffic fatalities and speeding are both on the rise. This coalition, led by Families for Safe Streets, Transportation Alternatives, and other safe streets advocacy groups, is also launching a campaign to secure passage of all eight parts of the Crash Victims Rights & Safety Act this legislative session in Albany. A virtual lobby week will be held from April 19-23 to coincide with the national Crime Victims Rights Week, and an online petition has been launched.
“We have the tools to cure the epidemic of traffic violence. What we need now is for lawmakers to act, said Amy Cohen, co-founder of Families for Safe Streets and mother of Sammy Cohen Eckstein. “I know this firsthand: In 2013, my 12-year-old son was killed by a reckless driver. After that, I fought to lower New York City's speed limit, and a year later, when a driver crashed into another child on the same street, the lower speed limit meant that child survived. But today, too many are still killed in traffic on unsafe streets. It is time for New York State to enact a comprehensive plan to make our streets safer and ensure that crash victims have greater support.”
“With the COVID-19 pandemic has come an epidemic of fatal crashes and increased speeding on our streets,” said Marco Conner DiAquoi, Deputy Director of Transportation Alternatives. “New York needs bold action to save lives. The Crash Victims Rights & Safety Act is a multi-pronged approach that will support survivors and help stop the rising tide of traffic deaths. Our statewide coalition is working tirelessly to secure passage of all eight bills in this package this year. We cannot wait any longer when it comes to saving lives.”
The Crash Victims Rights & Safety Act is a package of bills to address the speeding that is rampant and rising on our streets, incentivize the purchase of safer vehicles, hold reckless drivers accountable, combat impaired driving, protect our most vulnerable street users, and support those personally impacted by crashes. All but two of the bills would apply across New York State.
According to the NYS Department of Health, traffic deaths and injuries are a major, preventable public health problem. On average, three New Yorkers die every day in traffic crashes. In 2019, 931 people were killed in crashes in New York State, impacting drivers, passengers, people walking and biking, children, adults, and seniors from every community. Crashes are the leading cause of injury related death, second leading cause of injury related hospitalizations, and third leading cause for injury related emergency department visits in New York State. Compounding the suffering and loss, this crisis costs the New York State economy at least $15 billion annually in combined costs from hospitalization, emergency response, legal expenses, lost wages, and lost economic activity.
In New York City alone, at least 243 people died in traffic crashes in 2020 — the deadliest year since Mayor de Blasio adopted Vision Zero in 2014. Speeding and reckless driving increased significantly during the COVID-19 pandemic and lockdown. Between July 1 and October 31, 2020, total road fatalities rose almost 40 percent over the previous year, while pedestrian deaths rose 16 percent, and car driver deaths nearly doubled.
Individual Bills in the Crash Victims Rights & Safety Act Package
TRAFFIC CRASH VICTIM BILL OF RIGHTS (To be introduced by AM Glick): In New York State, about 10,000 people are killed or seriously injured in a traffic crash every single year, and more than 100,000 suffer from non-fatal injuries. Currently, crash victims and their families have difficulty getting police reports, are denied the right to attend and testify at DMV hearings, and struggle to obtain the support they need after a crash. This legislation enacts rights for traffic crash victims in related legal proceedings similar to the federal Crime Victims’ Rights Act. This includes the right to receive timely crash reports and the right to attend crash-related hearings and submit impact statements. It would also require the State of New York to produce a report to the legislature with data about current crash victim compensation and support, including no-fault insurance and private insurance, to inform the need for adequate victim support.
SAMMY’S LAW (Sen. Hoylman/AM Gottfried): Sammy’s Law is named after Samuel Cohen Eckstein, a 12-year-old boy from Brooklyn who was killed by a reckless driver in 2013. This bill was initially introduced on what would have been his 20th birthday, and it would repeal the current state regulation that prohibits New York City from lowering the speed limit below 25 mph (or 15 mph in school zones). This will provide the City with another critical tool to achieve Vision Zero and save lives. Each one-mph increase in speed results in nearly a three percent increase in mortality. Lower speed limits in New York City, authorized by the State Legislature in 2014, contributed to a 36 percent decline in pedestrian deaths. By widely authorizing speed limits lower than 25 miles per hour, New York City would join other U.S. cities such as Washington, D.C., Portland, OR, Seattle, WA, and Minneapolis, MN.
SPEED SAFETY CAMERA IMPROVEMENT (Sen. Gounardes/AM Glick): New York City’s speed safety cameras reduce crashes and save lives. They are also effective at avoiding racial bias and the risk of lethal force by removing armed police officers from common traffic stops. A recent NYC DOT report found that speed safety cameras reduce speeding by 72 percent and injuries by 17 percent, and two-thirds of vehicles ticketed by safety cameras did not receive another violation in the same calendar year. Recent polling conducted by the Siena College Research Institute also found that more than three-quarters of New York City voters support expanding safety cameras in school zones. Right now, New York State has not authorized the City to operate these cameras outside of weekdays between 6am and 10pm. This legislation would allow the City to finally operate speed safety cameras 24/7, would escalate penalties for extreme repeat offenders, including license suspension, and would allow records of speeding to be shared with auto insurance companies. With more speeding and the persistent traffic violence, we cannot wait until the program authorization expires in 2022 to implement these life-saving improvements to the program.
VEHICLE SAFETY RATING (Sen. Gounardes/AM Rozic): Right now, consumers have an array of information at their fingertips as they make an automobile purchase, from a vehicle’s gas mileage to its safety standards for passengers inside a car. But there is currently no safety rating system for the risk a specific vehicle poses to people outside a car. This risk is especially high for large vehicles. In New York City, 25 of the 29 cyclists who were killed in 2019 were killed by drivers of large trucks, buses, SUVs or vans. NYC DOT recently revealed that 41 percent of men who were involved in fatal collisions in the city since 2018 were driving pickup trucks or SUVs. This bill would require the NYS DOT and NYS DMV to create a safety rating system that accounts for the risk a motor vehicle poses to vulnerable road users like pedestrians and cyclists. It would also require that such ratings be displayed prominently at the point of sale and on a state website.
DANGEROUS DRIVING ‘RULE OF TWO’ (Sen. Kennedy/AM Rosenthal): Currently, it is extremely rare for drivers who recklessly injure or kill someone to face legal consequences. To prove that a driver acted recklessly in a fatal collision, judges in New York commonly require prosecutors to prove that the driver committed two separate moving violations — such as speeding, running a red, failure to yield, etc. This judicial creation is known informally as “the rule of two,” but the axiom is not found in any legal code, and rulings remain unpredictable and highly subjective as a result. However, this bill does not create a new felony charge. This bill simply clarifies existing law to address the “rule of two” to make it easier for the most reckless drivers to be held accountable under existing misdemeanor law (VTL 1212), especially when they injure or kill someone. This legislation would replace “reckless” with “dangerous” in “reckless driving” to avoid confusion with mens rea (state of mind) analysis.
BAC LOWERED TO .05 (Sen. Liu): Approximately 100 countries have some type of .05 percent or lower BAC laws. While average alcohol consumption in these countries is the same or higher than that of the U.S., alcohol-related deaths are lower. This legislation would lower the blood alcohol concentration limit for driving from .08 percent to .05 percent, and for aggravated driving while intoxicated from .18 percent to .12 percent. This is critical because the risk of being killed in a single-vehicle crash with a BAC of .05 to .079 percent is up to 21x greater than if the driver had no alcohol in their system. Early data from the state of Utah, which began enforcing a .05 percent BAC law in late 2018, is highly promising. In 2019, the number of alcohol-impaired driving fatalities in Utah dropped 47 percent compared to 2018.
SAFE PASSAGE FOR CYCLISTS (Sen. Harckham/AM Steck): More than 30 states have safe passage laws. New York does not. Right now, New York has a vague and unenforced “safe distance” standard. This legislation would provide a clear objective definition of what a “safe distance” is for motorists when overtaking bicyclists on the road (at least three feet), provide a mechanism for accountability following a crash, and foster a culture of safer driving through education.
DMV PRE-LICENSING COURSE (Sen. Gounardes/AM Gallagher): This bill aims to create a more thoughtful and safe road culture by requiring robust street safety education starting when new drivers get their driver permits. The bill would require instruction in pedestrian and bicyclist safety as part of drivers’ pre-licensing courses and would educate new drivers on how to safely pass bicyclists on the road and the dangers that large multi-ton vehicles pose to pedestrians, bicyclists, and other vulnerable road users.
"Reclaiming our streets and making them safer for New Yorkers is one of my top priorities,” said New York City Council Speaker Corey Johnson. “After a year that saw a significant increase in traffic deaths, it’s time to redouble our efforts to end traffic violence. I stand with the advocates and call on Albany to pass the Crash Victims Rights & Safety Act.”
“At least 243 New Yorkers lost their lives due to car crashes in 2020, the deadliest year on record since 2014, yet Albany still won’t let New York City lower its speed limits. My legislation, Sammy’s Law, would change that. Reducing traffic speed is a proven way to make our streets safer, especially as the pandemic has led to increased car use, bike ridership and outdoor dining. I’m grateful Sammy’s Law is included in the Crash Victims Rights & Safety Act package of bills, and I appreciate the work of Families for Safe Streets, Transportation Alternatives, Mothers Against Drunk Driving, and New York Bicycling Coalition to turn these pieces of legislation into law,” said State Senator Brad Hoylman.
"Since day one, I have made fighting for pedestrian safety a top priority. The lethal speeding that’s all too common in our neighborhoods has left devastating impacts on the individuals injured or killed, their loved ones, and our city at large. No pedestrian should have to live in fear of crossing the street. But this is a problem we can proactively fix, and that’s why I’m proud to have sponsored several bills as part of the Crash Victim Rights & Safety Act,” said Senator Andrew Gounardes. “This will take bold action to address speeding, hold reckless drivers accountable, support those impacted by a crash, and reduce overall hospitalizations due to traffic incidents. This legislation empowers us with the tools we need to help save lives across our city.”
“The tragedy of traffic crash deaths is that they are almost all preventable. New York must take bold action to put an end to the loss of life and serious injury that occurs every day on our roads,” said Assemblymember Deborah J. Glick. “I am committed to working with Families for Safe Streets for the passage of the Crash Victim Rights & Safety Act, including my legislation to expand the use of school zone speed cameras, and to secure commonsense rights for victims of traffic crashes throughout the legal process.”
New York State Senator John Liu said, "as a frequent cyclist through city streets myself, I am well aware of the need to improve safety for bicyclists and pedestrians alike. The bills that are part of the Crash Victims Rights & Safety Act will usher in bold reforms to make our streets safer, and stop reckless and impaired drivers in their tracks. In particular, I am proud to sponsor S131, which will lower the BAC for impaired driving to .05, a common sense change that will save many lives."
“Reckless driving – from speeding to running red lights – has taken the lives of far too many and ruined the lives of countless others. Legislation I am sponsoring with State Senator Kennedy has the potential to help prevent fatalities and serious injuries as a result of reckless driving. For years, I have partnered with advocates and survivors of traffic violence to crack down on reckless driving. I now look forward to working with my colleagues to pass this legislation and the other seven bills in the Crash Victims Rights & Safety Act. Together with Families for Safe Streets, Transportation Alternatives, Mothers Against Drunk Driving, NY Bicycling Coalition and more, we will take the roads back and make them safer for pedestrians and cyclists,” said Assemblymember Linda B. Rosenthal (D/WF-Manhattan), Chair of the Committee on Social Services.
"Creating a pedestrian safety rating system for vehicles is just common sense. We already take into account the safety of drivers and passengers in safety regulations -- pedestrians and cyclists who share the roads deserve the same treatment," said Assemblywoman Nily Rozic (D,WF-Queens). "As fatalities of pedestrians and cyclists continues to rise, this legislation and the entire Crash Victims Rights & Safety Act package will go a long way to making our streets safer for all."
"Every year, hundreds of precious New Yorkers are killed in traffic crashes. But it doesn't have to be this way. With the package of bills in the Crash Victims Rights & Safety Act, we can address reckless driving, end these unacceptable tragedies, and finally create the conditions for everyone's shared safety on our public streets. I look forward to working with my Assembly colleagues, advocates and impacted families to see that these common sense ideas become a reality," said Assemblymember Emily Gallagher.
“With the cycling boom of 2021 and the continued upward trend of cycling fatalities and serious injuries occurring New York, now more than ever, needs to join the other two-thirds of this Country and amend the current safe passing law to include a minimum distance of three feet,” said Daniel Flanzig, Executive Board Member of the New York Bicycling Coalition. Amending the current Vehicle and Traffic Law to create a defined passing distance of no less than three feet will provide the needed buffer between passing vehicles and bikes. This law will greatly benefit all classes of cyclists including children, commuters, delivery cyclists and recreational riders.
“A .05% BAC law is simply the right thing to do – it is backed by good science, the majority of Americans support it, and it has been proven around the world to save lives. This law does not necessarily increase arrests or decrease drinking. But it does deter impaired drivers before they get behind the wheel and is most effective when combined with high visibility enforcement and education. A .05% BAC law separates drinking from driving – it is true, life-saving, primary prevention. One day, every US state and territory will have a .05% BAC Law and then we will no longer needlessly lose 1500 lives every year,” said the Honorable Bella Dinh-Zarr, PhD, MPH, Co-Founder, 05 Saves Lives Coalition and Former NTSB Vice Chair.
“As the Transportation Committee Chairman I have supported initiatives that prioritize the safety of pedestrians and cyclists. I will continue to advocate for policies that seek to increase the safety of our most vulnerable New Yorkers,” said Council Member Ydanis Rodriguez, Chairman of the Transportation Committee. “I look forward to continuing to work alongside Transportation Alternatives, Families for Safe Streets, and advocates, as we continue pushing for initiatives that center around the safety of all pedestrians and cyclists.”
“The City needs to be able to use every tool available to reduce speeding, the leading cause of traffic fatalities that has sadly made the COVID crisis even more deadly, which is why we have been working so hard over the past year installing speed cameras and lowering speed limits on dangerous corridors," said NYC DOT Commissioner Hank Gutman. "We thank our advocate partners for approaching street safety as a multifaceted challenge, and we look forward to working with State lawmakers to give the City greater flexibility to lower speed limits even more and make automated speed enforcement 24/7 — an especially urgent priority, since one third of fatal crashes last year happened in zones that have speed cameras, but during hours when they were not allowed to operate.
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