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nicks law

Senator Murray and Assemblyman Smith introduced “Nick’s Law” in 2023 (S6051/A6520) which will increase penalties for those convicted of leaving the scene of an accident involving a death. Photo courtesy Office of Dean Murray

By Samantha Rutt

A hit-and-run incident in Patchogue March 2023, which claimed the life of 25-year-old Nicholas Puzio, has spurred local leaders into action. Puzio, a resident of Farmingville, was tragically struck by two separate vehicles while crossing Route 112. Both drivers fled the scene, leaving him to die. 

Hit-and-run collisions are those in which at least one person involved in a crash flees the scene before offering any, or sufficient, information or aid to the other involved person or fails to properly report the crash. Hit-and-run violations – which are criminal offenses – can create additional burdens for law enforcement and for families looking for remediation as well as medical and insurance support.

Although Long Island roads are among the deadliest, few drivers involved in crashes that kill pedestrians or cyclists face criminal charges. That is, unless they are caught after fleeing the scene, or it can be proven they were drunk, under the influence of drugs or speeding.

Walk Safe Long Island, a collaborative of health and transportation safety educators from Nassau and Suffolk counties, says over the past three years in Nassau and Suffolk counties, 515 people have been hit and injured while walking, jogging or biking.

Pedestrian safety continues to be a serious concern. The Institute for Traffic Safety Management & Research states that from 2016 to 2020, pedestrians accounted for almost one quarter of the fatalities on New York’s roadways.

According to information from the National Center for Health Statistics, Long Island averages 18.2 roadway deaths per month. However, in the summer months this number trends upward as it nearly doubled, reaching 31 in August of last year.

In response, state Sen. Dean Murray (R-East Patchogue) and Assemblyman Doug Smith (R-Holbrook) introduced “Nick’s Law” in 2023. The proposed legislation aims to increase penalties for those convicted of leaving the scene of an incident involving a death. The move comes in the wake of a lenient six-month sentence handed down to one of the drivers involved in Puzio’s death, highlighting the inadequacies of current laws.

“Two drivers made reckless choices and left my son dying in the street. Who does that? Does anyone have regard for human life? The laws in New York State are far too lenient,” Puzio’s mother, Terry Puzio, voiced her anguish and frustration in a statement.

Under current laws, individuals caught fleeing the scene of a fatal incident face a Class D felony and a fine of up to $5,000. “Nick’s Law” would elevate the crime to a Class B felony with a fine of $30,000. This increase in penalties is aimed at deterring drivers from fleeing the scene to avoid harsher consequences for other offenses such as driving under the influence.

The need for this legislation is represented by the alarming statistics. According to multiple sources, in 2023, Suffolk County alone witnessed 16 fatal hit-and-run incidents. This year, multiple similar incidents have already occurred, including the recent death of 22-year-old volunteer firefighter Christopher Hlavaty in East Patchogue.

Hlavaty’s mother, Janine Hlavaty, shared her desire for the bill’s passage in a statement, saying, “My hope for the passage of ‘Nick’s Law’ is that people will think twice before leaving the scene of these horrific, life-altering accidents.”

The push for “Nick’s Law” has garnered support from local lawmakers and officials who have emphasized the importance of holding hit-and-run drivers accountable. 

“When people can face lighter sentences if they are involved in an accident while drunk or on drugs by leaving an injured person in the road, there is a clear benefit to them to run and hide. That is unacceptable and it must be changed as soon as possible,” state Sen. Mario Mattera (R-St. James) said in a statement.

The community’s outcry and the introduction of “Nick’s Law” showcases a collective demand for justice and safety on the roads. For now, the community awaits legislative action, hoping that “Nick’s Law” will bring about the change to deter future hit-and-run tragedies and provide justice for those who have lost their lives on the roads of Long Island.

'Nick's Law'. Photo from Senator Dean Murray Facebook

In recent months, our community has witnessed a surge in hit-and-run incidents, leaving families heartbroken and raising serious concerns about road safety. The tragic incident in March 2023, when 25-year-old Nicholas Puzio of Farmingville was struck and left to die by two separate vehicles, and the hit-and-run incident that recently killed 22-year-old firefighter Christopher Hlavaty of East Patchogue underscore the need for action. This rise in hit-and-runs not only devastates families but also places a heavy burden on law enforcement and emergency services.

Hit-and-run incidents, defined as collisions where drivers flee the scene without providing aid or information, are a growing menace. Current penalties for these offenses, such as a Class D felony and a fine of up to $5,000, are insufficient deterrents. In response, elected officials have introduced “Nick’s Law,” which proposes to elevate the crime to a Class B felony with a fine of $30,000. This legislation aims to ensure that those who commit these acts face more appropriate consequences.

One significant factor contributing to the increase in hit-and-run incidents is distracted driving. Drivers today face numerous distractions that can divert their attention from the road, including texting, making phone calls and using apps as well as many other potential factors such as interacting with infotainment systems, consuming food or beverages, engaging in conversations or attending to children or pets; billboards, roadside activities and other incidents can divert a driver’s attention. 

While legislative action such as “Nick’s Law” is crucial, it is equally important for pedestrians to take proactive steps to ensure their safety. Here are some measures pedestrians can adopt:

● Wear bright or reflective clothing, especially at night or in low-light conditions.

● Always cross at designated crosswalks and obey pedestrian signals.

● Avoid using headphones or mobile devices while walking near traffic.

● Ensure drivers see you before you cross the street.

● Where there are no sidewalks, walk on the side of the road facing oncoming traffic.

● Just like drivers, pedestrians should avoid walking near roadways while impaired.

As a community, we must work together to address the dangers of distracted driving and the rise in hit-and-run incidents. Drivers need to minimize distractions, stay vigilant and prioritize safety. Pedestrians must take precautions to protect themselves and remain aware of their surroundings.

The push for “Nick’s Law” is a reflection of the collective demand for justice and safer roads. However, it will take a concerted effort from both drivers and pedestrians to make our roads safer for everyone. As we honor the memories of those we have lost, such as Puzio and Hlavaty, we must commit to safer practices on our roads and support legislation that holds reckless drivers accountable.

Together, we can combat the rise in hit-and-run incidents, ensure justice for victims and create a safer community.