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

Heads Up, NYC DOT: Walking While Listening to Music Is Still Not Illegal

The new NYC DOT "Heads Up" PSA featuring New York Knicks point guard Baron Davis may get points for star power, but when it comes to messaging, it's a brick.

The spot features a dribbling Davis tossing a basketball at a texting pedestrian, directing a salmoning cyclist to reverse course and shouting at a motorist for skidding into a crowded crosswalk.

Taking the ad at face value, a viewer would think that pedestrians, cyclists and motorists are equally responsible for city traffic collisions. But DOT's own statistics indicate that driver actions are the primary cause in 78.5 percent of serious pedestrian crashes. Moreover, more pedestrians are struck by drivers while crossing with a traffic signal than while walking against a light.

Data on collisions involving cyclists and pedestrians have been made available only recently, but according to NYPD reports compiled by DOT, police responded to 27 bike-ped collisions citywide in the last three months of 2011, with crashes resulting in 26 injuries. During the same period, 754 car-bike collisions injured 755 cyclists and killed three. The most recent figures from the state DMV show that more than 2,600 city pedestrians are injured by motorists in a typical three-month period, and 50 are killed. A public service campaign targeting the actual causes of traffic crashes would focus almost exclusively on motorist behavior.

Finally, of the three street users admonished by Davis, only the driver and the cyclist are violating traffic laws. By (again) attaching its "Know the Code, Share the Road" slogan to images of an earbud-wearing or texting pedestrian, DOT is sending the message that people are responsible for their own injuries and deaths if they are struck by drivers as they cross the street while using an electronic device -- an act that is completely legal in New York State.

This is the type of street safety PSA that Carl Kruger would love.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Gov. Hochul’s Uber-Backed Car Insurance ‘Reforms’ Threaten Payouts To Crash Victims

Hochul wants to limit payouts to crash victims under the guise of "affordability" and bogus claims about "staged crashes."

January 14, 2026

Cyclist Badly Injured By Truck Driver at Busy Midtown Corner

The victim may have lost her leg, one witness said.

West Siders: Better Bike Lanes, Not Bans, Will Make Central Park Safer

Central Park needs protected bike lanes at its perimeter and on its transverses to keep non-recreational users out.

January 14, 2026

Not So Fast: Advocates Aren’t Sold on Gov. Hochul’s AV Push

"There is no evidence that autonomous vehicles help us achieve our goals to make our state or city’s streets more people-centered," one group said.

January 14, 2026

Wednesday’s Headlines: Hochul Has Her Say Edition

The "State of the State" is Mamdani — but Hochul is still the governor. Plus more news.

January 14, 2026

Opinion: Stop Asking If People Want to Ride Bikes

"We shouldn’t be aiming to nudge a few percentage points in public opinion. Our goal should be to make freedom of mobility so compelling that people demand it."

January 14, 2026
See all posts