The Syracuse Post Standard reports today that two Auburn (NY) girls, one 12, the other 13, were hit by car as they were crossing East Genesee Street in the marked crosswalk at the East Genesee/Howard Street intersection at about 7:25 a.m. The driver of the car said she did not see the girls.
New York pedestrian accident law (Vehicle & Traffic Law 1151) protects pedestrians walking in crosswalks. Specifically, the law says that if a pedestrian is struck in a crosswalk, the driver is automatically liable unless he can show that the pedestrian suddenly left the curb and walked or ran into the path of the vehicle. In other words, the driver here is automatically liable unless the girls darted out in front of her, which does not appear to be the case.
The Auburn New York pedestrian and car accident lawyers at Michaels & Smolak wish these two girls a speedy recover.