Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Carnage

Motorist Who Killed Phyllis Pitt “Most Likely” Not Cited for Careless Driving

A Brooklyn motorist who jumped a curb, fatally injured a pedestrian and crashed into a restaurant while attempting to park her minivan last week will likely not receive as much as a traffic ticket, according to NYPD.

The curb-jumping driver who killed Phyllis Pitt and crashed into a Marine Park McDonald's may or may not have been ticketed by NYPD for careless driving. Photo: ##http://www.nydailynews.com/new-york/pedestrian-killed-minivan-pins-mcdonalds-brooklyn-article-1.1087659##Daily News##

Phyllis Pitt, 64, was walking on Flatbush Avenue near her Marine Park home at approximately 1 p.m. on Thursday, May 31, when the 75-year-old driver backed onto the sidewalk, striking Pitt and smashing through the front window of a McDonald's. Pitt, a popular school teacher and adjunct university instructor, was declared dead at Beth Israel Medical Center.

The driver, who reportedly confused the gas pedal with the brake, remained at the scene. According to an NYPD spokesperson, "no criminality is suspected." When we asked if any summonses were issued, the spokesperson did not have that information, but said, "Most likely there wasn't."

Based on the department's history of excusing motorists who injure and kill pedestrians, the spokesperson was probably right. State laws intended to hold drivers to a marginal standard of accountability after a crash have been on the books since 2010, but those laws go virtually unenforced by NYPD. In cases where a pedestrian or cyclist is killed, the driver has about a 50 percent chance of being cited under state vulnerable user laws. In cases of pedestrian or cyclist injury, the percentage of drivers ticketed for careless driving under VTL 1146 (the statute that includes Hayley and Diego's Law as well as Elle's Law) is negligible.

Phyllis Pitt was killed by a sidewalk-mounting motorist two days after it was reported that the City Council is planning to raise fines and possibly establish a squad of enforcement agents to discourage sidewalk cycling, and over three months after a council hearing on NYPD traffic enforcement and crash investigations drew scores of headlines but has so far resulted in no legislation to combat deadly driving.

This fatal crash occurred in the 63rd Precinct. To voice your concerns about neighborhood traffic safety directly to Captain John Rowell, the commanding officer, go to the next precinct community council meeting. The 63rd Precinct council meetings happen at 8 p.m. on the fourth Wednesday of the month at the Kings Plaza Mall Community Room. Call the precinct at 718-258-4444 for information.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Breaking: Hit-and-Run Driver Kills Cyclist in Brooklyn

A 32-year-old woman was killed by the driver of a Tesla early on Saturday morning in Brooklyn, police said.

September 27, 2025

Opinion: Jim McGreevey Plots Comeback, But NJ Voters Have Better Options

Why do some politicians think they can recycle the politics of the past and continue to ignore the carnage on our streets?

September 26, 2025

Friday Video: How Car Culture and the Internet Attention Economy Waste Your Time

Our favorite YouTuber breaks down what happens when car culture, hyper-consumerism, and internet brain rot collide — and how to claw our way out.

September 26, 2025

Friday’s Headlines: Flatbush Ave. Sees Red Edition

Red-painted bus lanes are coming to Flatbush Avenue in downtown Brooklyn. Plus more news.

September 26, 2025

New Bill Would Force Amazon To Directly Hire Its Delivery Drivers

Council Member Tiffany Caban wants Amazon to have to directly hire its employees who make deliveries across the city.

September 25, 2025
See all posts