In handling cases all over NY and Pennsylvania, I am frequently walking the streets near courthouses. I am always very careful to use crosswalks, not jay walk, and always cross with the light. Despite all these efforts to stay safe, I have almost been hit more times than I can count. It seems that drivers don’t understand that they have to yield to pedestrians in the cross walk when they are turning. Pedestrians have the right away, and are directed by crossing signs (where they exist) to cross with traffic. In fact, cars are ALWAYS required to yield to pedestrians, even if the car has the right of way. Just as we are not allowed to smash into a car that fails to yield the right of way to us, we have to do everything we can to avoid hitting pedestrians.
As someone who frequently walks in these crosswalks, it is frustrating that so few people seem to understand when pedestrians have the right away. In a collision between a car and a pedestrian, it’s obvious who comes out the loser. In addition to the broken ankles, broken legs, broken hips and internal injuries one would expect from such a collision, there is also a high incidence of head injuries and traumatic brain injuries as pedestrians aren’t wearing protective helmets like bicyclists or motorcyclists.
Over the years, I have handled many cases where pedestrians were struck by drivers, and the results are never pretty. A recent car/pedestrian collision in Bath, NY, originally reported by WETM TV which I am attaching below, is a perfect example of everything that can go wrong. Oddly enough, I previously handled a car/pedestrian collision at that very intersection.
In this newest incident, it seems that a car driven by60 year old Edward Kuhnen struck not one but two pedestrians (one was an 11 year old child) as he was turning on to Liberty Street in Bath. Sadly, this accident occurred in broad daylight, occurring at 11:40 AM. There is no excuse but inattention for this driver to have struck these pedestrians, which is why the driver was ticketed.
Luckily for the pedestrians, they will be covered by no fault insurance, which will pay for their accident related medical costs and any lost wages the adult will suffer, and the pedestrians may also have a good personal injury case against the driver because of his negligent operation of the car. There will be an absolute minimum of $25,000.00 in available coverage for each of the pedestrians, as that is the absolute minimum coverage required by the State of New York. If the pedestrians’ injuries exceed $25,000.00, the pedestrians may be able to seek additional compensation from their own automobile insurance carrier or the carrier for a relative they live with. The rules regarding how much coverage is available and where the coverage comes from are VERY complicated, which is why it makes sense to hire an attorney with experience handling these issues.
Sadly, the entire incident could have been avoided if the driver was paying attention to where he was going.
Thanks for reading, and stay safe out there!
Adam M. Gee, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!
Reported by: Nick Natario
Last Update: 8/23 11:48 pm
ShareThis Bath – Two people were sent to the hospital Monday after Bath Police officials say they were hit by a car while they were crossing the road.
The accident happened at 11:40 Monday morning.
Police say Edward Kuhnen, 60 was turning onto Liberty Street when he hit a 51-year-old and 10-year-old.
Both of them were sent to IRA Davenport Hospital, but have been released.
Kuhnen was ticketed for failure to yield the right of way to pedestrians in a crosswalk.