2010 New York Code
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 26 - (1140 - 1146-A) RIGHT OF WAY
1146 - Drivers to exercise due care.

§ 1146. Drivers   to   exercise  due  care.  (a)  Notwithstanding  the
  provisions of any other law to the contrary, every driver of  a  vehicle
  shall   exercise  due  care  to  avoid  colliding  with  any  bicyclist,
  pedestrian, or domestic animal upon any roadway and shall  give  warning
  by  sounding  the horn when necessary. For the purposes of this section,
  the term "domestic animal" shall mean domesticated  sheep,  cattle,  and
  goats which are under the supervision and control of a pedestrian.
    (b)  1.  A  driver  of  a  motor vehicle who causes physical injury as
  defined in article ten of the penal law to  a  pedestrian  or  bicyclist
  while  failing  to  exercise due care in violation of subdivision (a) of
  this section, shall be guilty of a traffic infraction  punishable  by  a
  fine  of  not  more than five hundred dollars or by imprisonment for not
  more than fifteen days or by both such fine and imprisonment.
    2. If such driver of a motor  vehicle  causes  physical  injury  while
  failing  to  exercise  due  care in violation of subdivision (a) of this
  section, then there shall be a rebuttable presumption that, as a  result
  of  such  failure  to  exercise due care, such person operated the motor
  vehicle in a manner that caused such physical injury.
    (c) 1. A driver of a motor vehicle who causes serious physical  injury
  as  defined in article ten of the penal law to a pedestrian or bicyclist
  while failing to exercise due care in violation of  subdivision  (a)  of
  this  section,  shall  be guilty of a traffic infraction punishable by a
  fine of not more than seven hundred fifty dollars or by imprisonment for
  not more than fifteen days or  by  required  participation  in  a  motor
  vehicle  accident  prevention  course  pursuant  to  paragraph  (e-1) of
  subdivision two of section 65.10 of the penal law or by any  combination
  of  such fine, imprisonment or course, and by suspension of a license or
  registration pursuant to subparagraph (xiv) or (xv) of  paragraph  b  of
  subdivision two of section five hundred ten of this chapter.
    2.  If  such  driver of a motor vehicle causes serious physical injury
  while failing to exercise due care in violation of  subdivision  (a)  of
  this  section,  then  there shall be a rebuttable presumption that, as a
  result of such failure to exercise due care, such  person  operated  the
  motor vehicle in a manner that caused such serious physical injury.
    (d) A violation of subdivision (b) or (c) of this section committed by
  a  person  who  has  previously  been convicted of any violation of such
  subdivisions within the preceding five years, shall constitute a class B
  misdemeanor punishable by a fine of not more than one  thousand  dollars
  in addition to any other penalties provided by law.
    (e)  Nothing  contained  in  this section shall prevent the court from
  imposing  any  other  authorized  disposition,  including  a  period  of
  community service.