Justin Twitchell Injured in South Bristol Pedestrian Acci...
Pickup truck struck pedestrian on State Route 64 in Ontario County.
Justin Twitchell, 36, of Canandaigua, was struck by a pickup truck on State Route 64 in Ontario County on Monday evening, according to the Ontario County Sheriff’s Office.
Terry S. Cole, 59, also of Canandaigua, was driving a 2008 GMC Sierra southbound when he struck Twitchell, who was walking near the northbound lane. Deputies responded to the scene at approximately 6:03 p.m. to 6017 State Route 64 South for a reported pedestrian collision.
Twitchell suffered serious but non-life-threatening injuries. Mercy Flight airlifted him to Strong Memorial Hospital in Rochester for emergency medical treatment.
State Route 64 was closed for about three hours as deputies conducted accident reconstruction and processed the scene. The cause of the pedestrian accident remains under active investigation by the Ontario County Sheriff’s Office.
How do investigators reconstruct a pedestrian accident like this one on State Route 64?
Investigators on the scene of a pedestrian accident, such as the one that injured Twitchell on State Route 64, careful collect evidence to determine liability. This often includes examining vehicle damage, roadway conditions, and witness statements. Crosswalk signal timing research shows that standard pedestrian intervals frequently fail to accommodate elderly or mobility-impaired crossing speeds, creating a measurable gap between design assumptions and real-world conditions. These detailed reconstructions help establish the sequence of events leading to the collision.
What factors contribute to pedestrian accidents in rural areas?
Rural pedestrian accidents present unique challenges, often involving higher speeds and limited lighting. While all of us are advised to be careful, the burden of responsibility often falls on people driving or riding in vehicles. According to the Governors Highway Safety Association, preliminary data shows that U.S. pedestrian death decreased by 4.3% in 2024 from the previous year. However, incidents like this one underscore the importance of driver awareness, especially in areas where pedestrians may be present near roadways. National Legal Analyst Stefano Formica, Of Counsel at Bond Legal, added that "The thing about road geometry is that a curve that's not banked correctly will pull a car off the road. It doesn't matter how careful you are if the engineering doesn't help keep your tires on the pavement." These factors can contribute to tragic outcomes for vulnerable road users.
New York comparative fault framework
New York operates under a pure comparative negligence system, which allows an injured party to recover damages even if they are partially at fault for an accident. The amount of compensation is reduced proportionally to their degree of fault. For instance, if a pedestrian is found 20% responsible for an accident, their damage award would be reduced by 20%.
The state also implements a "no-fault" auto insurance system. This means that initial medical expenses and lost wages for individuals injured in motor vehicle accidents, including pedestrians, are typically covered by their own Personal Injury Protection (PIP) benefits, up to a statutory limit, regardless of who was at fault.
New York serious injury threshold
To pursue a personal injury lawsuit beyond the no-fault system in New York, an injured party must demonstrate that their injuries meet a "serious injury" threshold as defined by Insurance Law § 5102(d). This threshold includes categories such as significant disfigurement, bone fracture, permanent limitation of use of a body function or system, or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Formica noted that establishing negligence in pedestrian accident cases requires careful examination of the facts and applicable legal standards.
Statute of limitations under New York law
In New York, a personal injury claim generally must be filed within three years from the date of the accident. This legal deadline, known as the statute of limitations, applies to cases involving negligence, such as pedestrian accidents. Failure to file a lawsuit within this timeframe typically results in the forfeiture of the right to pursue compensation.