§ 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.