September in the Capital District means the return of heavy morning commutes, congested drop-off lines, and thousands of children walking or biking to school. While school districts across Albany, Latham, and Saratoga Springs prepare their classrooms, local drivers must also readjust their driving habits.
Unfortunately, frustrated commuters, distracted driving, and a rush to beat the morning bell frequently lead to catastrophic accidents. Children are exceptionally vulnerable to severe injuries—including traumatic brain injuries, internal organ damage, and complex fractures—even in low-speed collisions.
If your child was injured by a negligent driver in a school zone, at a bus stop, or in a crosswalk, you need a legal team that will aggressively protect your family. The trial attorneys at Anderson, Moschetti & Taffany, PLLC have secured multi-million dollar verdicts for victims across Upstate New York, and we know exactly how to hold inattentive or impatient drivers accountable.
Albany’s Automated School Zone Speed Cameras
Speed is the single greatest determining factor in the severity of a pedestrian accident. Recognizing the danger on our local roads, the City of Albany recently implemented a strict automated school speed zone enforcement program.
Authorized to operate in 20 Albany school zones through 2028, these cameras actively monitor notorious high-speed corridors, including Western Avenue (near Albany High School and Eagle Point Elementary), Hackett Boulevard, and Whitehall Road.
What drivers need to know:
- Strict Enforcement Hours: The school zone speed limits are enforced on school days between the hours of 7:00 AM and 6:00 PM.
- The Danger is Real: During a week-long survey prior to the program’s implementation, the city found that over 94% of vehicles monitored near Albany High School and Albany School of Humanities were speeding more than 10 mph over the limit.
- Absolute Liability: While the cameras issue a $50 civil penalty to the registered owner, the civil liability in a personal injury lawsuit is much higher. If a driver is caught speeding through a school zone and strikes a child, proving their negligence to a jury becomes significantly easier. We subpoena this municipal camera footage to prove exactly how fast the at-fault driver was traveling at the moment of impact.
New York’s Unforgiving School Bus Laws (VTL § 1174)
Passing a stopped school bus is one of the most dangerous driving infractions possible. Under New York Vehicle and Traffic Law § 1174(a), the rules are clear: When a school bus is stopped to drop off or pick up passengers and its red lights are flashing, traffic from ALL directions must stop.
Many drivers mistakenly believe that if they are on the opposite side of a multi-lane road or a divided highway (like parts of Route 9), they do not need to stop. Under New York law, unless there is a physical, impassable median, you must stop.
To combat reckless passing, New York passed VTL § 1174-A, authorizing municipalities to install automated stop-arm cameras directly on school buses. These cameras capture the license plates of vehicles that illegally blow past stopped buses. If a driver ignores the flashing red lights and strikes a child who is crossing the street to board their bus, our attorneys will leverage this traffic law violation to establish clear, undeniable negligence.
The “Darting Out” Defense: Why This Fail
When a driver hits a child pedestrian, the driver’s insurance company will almost always try to blame the child. They will claim the child “darted out from between parked cars” or crossed outside of a designated crosswalk, arguing that the driver had no time to react.
Our Albany personal injury attorneys know how to defeat this tactic. Under New York State law, drivers are held to a higher standard of care when driving in areas where children are known to be present, such as school zones, playgrounds, and residential neighborhoods.
The law acknowledges that children are impulsive, easily distracted, and lack the situational awareness to accurately judge vehicle speeds. A driver traveling through a school zone is legally expected to anticipate that a child might suddenly enter the roadway. If the driver was speeding, looking at their phone, or failing to keep a proper lookout, they are entirely responsible for the resulting injuries—even if the child was not in a crosswalk.
Take Immediate Action to Protect Your Child
If your child has been involved in a pedestrian or bicycle accident, their medical care is your only priority. Do not speak to the at-fault driver’s insurance adjuster and never agree to a recorded statement. They are simply fishing for statements they can use to shift the blame onto your child.
At Anderson, Moschetti & Taffany, PLLC, we handle the entire legal burden. We will investigate to secure necessary information to prove liability and deal directly with the insurance companies.
We handle all personal injury cases on a strict contingent fee basis. You pay nothing out of pocket, and we only collect a fee if we secure a financial recovery for your family.
Contact our offices in Latham or Saratoga Springs today at (518) 785-4900 for a free, entirely confidential case evaluation.