Diane Thomas Injured in Victor Pedestrian Accident
The crash occurred in the parking lot of BJ's Wholesale Club on Eastview Mall Drive
Diane Thomas, 73, of Fairport, was injured in a pedestrian crash in the parking lot of BJ's Wholesale Club at 50 Eastview Mall Drive in Victor, New York, on Wednesday, according to the Ontario County Sheriff's Office.
A 73-year-old male driver was issued a citation for unsafe backing. Investigators determined he was reversing his vehicle when he struck the woman walking behind it.
Victor-Farmington Ambulance crews transported Thomas to F.F. Thompson Hospital for treatment of a shoulder injury.
The crash remains under investigation.
What happens next in the Victor pedestrian investigation?
While deputies have issued a citation for unsafe backing, investigators will continue to review parking lot surveillance footage and witness statements to finalize their report. Victims like Thomas are injured in motor vehicle accidents across our country, and it is often not their fault.
Candice Bond, managing partner at Bond Legal, who is also a national legal analyst for Accident News, said, "Distracted driving remains one of the leading causes of serious pedestrian injuries, as a single moment of inattention behind the wheel can cause harm that takes months or years to recover from. When a pedestrian is injured by a distracted driver, securing phone records, vehicle data, and witness accounts quickly is critical before evidence disappears."
An attorney can work with investigators to reconstruct driver behavior in the moments before impact and identify what caused the driver's attention to leave the road, Bond added.
According to the National Highway Traffic Safety Administration, 71,635 pedestrians were injured in traffic crashes nationwide in 2024.
How do criminal citations impact civil liability?
When a driver is cited for a traffic violation, such as unsafe backing, that citation can serve as a foundational element in establishing negligence in a parallel civil claim. Insurance adjusters often contact injured pedestrians within days of a crash, before the full extent of medical costs and long-term impacts are known.
"Traffic laws in virtually every U.S. jurisdiction require drivers to come to a complete stop and yield to pedestrians who are actively crossing within a marked or unmarked crosswalk," explained Stefano Formica, who serves as a national legal analyst for Accident News and is of counsel at Bond Legal.
Under New York law, individuals injured due to another party's negligence may be entitled to seek compensation for medical expenses, lost wages, and pain and suffering.
New York personal injury framework
New York follows a pure comparative fault system with no-fault auto insurance. The statute of limitations is 3 years.
Under New York's no-fault system, PIP benefits cover medical expenses and lost wages up to $50,000 regardless of fault. To pursue a liability claim, injuries must meet the 'serious injury' threshold under Insurance Law § 5102(d).