I accidentally struck a young person who was on skates with my car. The skater was on a two lane road and drifted from the right side of the road just as I was trying to pass him. There was a sidewalk next to the road. Shouldn’t the skater use the sidewalk so he would not be in road? What can I expect?

If you have not done so already, you should notify your insurance company immediately. As indicated in a prior post, your insurance company could disclaim your coverage for the accident if you fail to give it timely notice of the accident. You will also need to cooperate with the claims adjuster assigned to your matter, as well as any attorney assigned to your case. You have no control over the actions of this skater. Whether they sue or not is up to them. You have insurance to cover you for an accident such as this.

The second point you make about the sidewalk is interesting. You suggest that skaters are more like pedestrians and thus should stay on the sidewalk. If the skater was a bike, you would agree that a bicycle has no place on the sidewalk. A bicycle is subject to the same rules of the road as a vehicle.

However the legislature and governor have already decided this issue. A skater is subject to rules of the road like a car or bicycle rider. Vehicle and Traffic Law section 1231. Therefore, whatever argument you want to make, the skater had the obligation to follow the rules of the road. A skater could not ride on the sidewalk as you have suggested.

Since both you and skater are subject to the Vehicle and Traffic Law, you both have an obligation see what there is to be seen and avoid any accident. Tracy v Liberty Lines Transit, Inc., 129 AD2d 576, 514 NYS2d 75 (2d Dept 1987).

Based upon what you have already said, there will probably an apportionment of fault between you and the skater. That is why I urge you to cooperate with your insurance company and the lawyer that represents you.

By James Santner, Esq.

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