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The outcome is often fatal when an SUV hits a pedestrian, and such was the case for Elzire Presume on Sunday night, September 13. Only 48 years old, Elzire died at the scene of the accident. The Long Island Press reported she was walking across Route 27, Sunrise Highway, when a westbound Toyota Highlander hit her at the corner of Louden Street. The accident occurred around 8:00 p.m.
Homicide Squad detectives determined there were no safety issues with the Toyota Highlander and that the driver, a 22-year-old man was sober. No criminality was apparent.
New York State traffic laws for pedestrians grant the right of way to pedestrians in cross walks when traffic control signals are not in place or in operation. This means vehicles must yield to pedestrians on crosswalks. However, when crossing where a pedestrian tunnel or overpass exists, the pedestrian must yield the right of way to vehicles. Also, pedestrians should not suddenly leave a curb or sidewalk and go into a vehicle’s path when the vehicle is too close for the driver to yield.
Understanding your rights under NYS traffic laws is a good precaution for any pedestrian. However, be aware that drivers who violate or do not know traffic laws can still put you in danger.
The Centers for Disease Control and Prevention (CDC)recommends increasing your visibility at night by wearing retro-reflective clothing and carrying flashlights.
If you were injured or lost a loved one through a pedestrian accident, find out about your legal rights. Through a free consultation, our attorneys at Palermo Tuohy Bruno can discuss the accident and evaluate whether you have a case. Unless we recover through settlement or verdict, you owe no fees.