Generally, where a pedestrian is crossing at an intersection in New York, a driver who has sufficient time to see the person walking ahead has a duty to slow down and avoid a collision with the pedestrian. Going full steam ahead while people are properly crossing the street in front of you is a lack of control that constitutes negligence, and will usually lead to liability for causing the pedestrian accident. In many instances, however, it is the pedestrian who is negligent due to such offenses as jaywalking, running out in front of a moving car, and walking on a highway in dark clothes at night.
In the community of Rensselaer recently, a motorist plowed into three youths who were crossing Washington Avenue at an intersection. The motorist, a 22-year-old female, was coming up a hill on Washington Avenue and struck the three teens. It doesn’t happen often that a driver manages to hit and injure three people crossing the street at the same time.
With those relatively severe facts in mind, it appears that the driver was negligent and is likely liable for compensating the injured victims. One of the victims was an 18-year-old male who reportedly suffered serious head injuries, and was hospitalized in critical condition. An 18-year-old female is being cared for in intensive care at the hospital. The third pedestrian, a 17-year-old male, suffered minor injuries.
New York authorities allege that the driver in the pedestrian accident was operating with a suspended license. The police arrested her for aggravated unlicensed operation in the second degree, which is classified as a misdemeanor. Although she is likely liable for compensating the serious injuries of the victims, her license status and arrest may raise an issue of insurance coverage. The facts may not be egregious enough to deny the woman liability coverage. Furthermore, the injured victims may be able to collect underinsured or uninsured motorists’ coverage on their parents auto policies.
Source: news10.com, “Police: Three teens injured, driver arrested after accident”, Anya Tucker, Sept. 9, 2014
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