Local Matters

Community Sponsors

January 5, 2013 - 8:57pm

Pedestrian struck by car at West Main and North Lyon, serious injuries

posted by Billie Owens in batavia, accidents.

A pedestrian has serious injuries after being struck by a car in front of the Castilone Chrysler dealership at the corner of West Main and North Lyon streets. City police, fire and Mercy medics are responding.

UPDATE 8:58 p.m.: Mercy Flight is on ground standby. Medics intend to take the victim via ambulance to the airport hangar for transport to a hospital. Traffic control is needed and westbound lanes are getting a little backed up.

UPDATE 9:11 p.m.: The victim is well en route to the Mercy Flight hangar. City Engine 11 is back in quarters.

UPDATE 10 p.m. (by Howard): According to Sgt. John Peck, the pedestrian was walking in the westbound lane of West Main Street. Another person out walking a dog tried to tell the pedestrian to get out of the street and onto the sidewalk, but the pedestrian, who appeared to be intoxicated, would not do it and even became belligerent. The driver of the red pickup never even saw the pedestrian until just before hitting him. No charges are anticipated. The pedestrian suffered a possible serious head injury and was unconscious when police first arrived on scene. The patient was conscious by the time he was transported by Mercy EMS. Peck said there appeared to be no issue with the snow that prevented the man from walking on the sidewalk.

UPDATE 10:58 p.m.: The pedestrian has been identified as Kevin G. Viehdeffer, 52, of Batavia. The driver has been identified as Ryan Gugel, 25, of Batavia. There are no charges pending against Gugel.

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

4 times today I saw people walking on Main Street or riding a bike in the street. Not sure if these two accidents were of this nature.

joseph bradt
joseph bradt's picture
Offline
Last seen: 5 years 3 weeks ago
Joined: Aug 10 2008 - 9:21am

I had to swerve to avoid a bicyclist in the roadway near Denny's on my way home from work Friday. During my travels in the city the past few days I noticed that there were several places where walking on the sidewalk was not an option. The sidewalks around the Senior Center / YMCA were terrible. Who is responsible for cleaning the sidewalks on Main St?

Michelle WIlliams
Michelle WIlliams's picture
Offline
Last seen: 5 years 9 months ago
Joined: Jun 11 2012 - 2:45pm

I saw the same thing myself today jack. I also noticed only small portions of the sidewalks on that side of the street from east main by rite aid all the way to walmart were plowed. The rest were deep snow/slush. It is very unfortunate that this happened. I hope the patient will make a full recovery

jason reese
jason reese's picture
Offline
Last seen: 1 year 5 months ago
Joined: Dec 12 2008 - 11:39am

See City of Batavia, Ny, because you cleaned the sidewalks you can't be blamed.
Now if you didn't clean the side walks you would be in a different position.
Congratulations, for doing your job!

Michelle WIlliams
Michelle WIlliams's picture
Offline
Last seen: 5 years 9 months ago
Joined: Jun 11 2012 - 2:45pm

It is good to hear that unkempt sidewalks did not cause this accident but the incident is still quite sad for ryan and the witness. Neither could prevent it but both have to live with witnessing such a horrible thing. I am happy to hear ryan will not be charged and again i hope the patient can make a full recovery

RICHARD L. HALE
RICHARD L. HALE's picture
Offline
Last seen: 1 year 2 weeks ago
Joined: May 22 2009 - 9:50pm

Coming in from Leroy tonight...three people walking on East Main Street....all in DARK clothing!! I understand having to walk in the road, but God, wear something light colored or reflective. Not saying this accident was because of dark clothing....just saying.

Rich Richmond
Rich Richmond's picture
Offline
Last seen: 2 weeks 5 days ago
Joined: Mar 29 2011 - 4:50pm

This was a preventable tragedy and I hope Mr. Viehdeffer recovers.

The alcohol aside, which no doubt was a major factor. It seems many people, Mr. Viehdeffer included, use little common sense these days. Far too many wear dark clothing at night while walking on the wrong side of the road facing away from traffic instead into it.

I have seen people who should know better, including young men, young women or groups thereof; young mothers pushing baby carriages in the street during summer, day or night when the sidewalk is the smart option. Many have a look on their faces that say,”What are you going to do it?”

Of course I must give a few of the mentioned people the benefit of the doubt and especially on bright sunny days; it’s tough to see where you are going when your ball caps are on backwards and the sun in your eyes; perhaps they thought they were walking on the sidewalk.

As far as winter is concerned, and especially during extreme cold weather some people's choice of attire such as cotton hoodies and shorts leaves one to ponder? Some are wearing Crocs ( backless rubber clogs) on their feet....in the winter?

Crocodiles are large aquatic reptiles that are indigenous to the tropics regions of Africa or Asia.

The real Crocs are waterproof from the tips of their snouts to the tips of their tails and are pretty much waterproof everywhere in between.

The stylish Crocs worn during the winter on these mentioned people's feet have holes in them?

Yes, too little common sense these days.

John Roach
John Roach's picture
Offline
Last seen: 1 week 5 days ago
Joined: May 29 2008 - 5:22am

Jason, you still don't get it.
It is not the responsibility of the City to clean the walks, but the property owner.

But on a different note, the City has been negligent in not enforcing the requirement that walks be cleaned. It is well over a week since that snow storm. By now owners should have cleared the walks or the City should have cited them. Heck, if you let your grass go uncut that long they cite you, but tolerate walks being plugged.

Destin Danser
Destin Danser's picture
Offline
Last seen: 7 months 4 weeks ago
Joined: Apr 17 2010 - 4:55pm

For the record (as a very experienced cyclist.. I used to race 20-30 races per year) it is both unsafe, and illegal for cyclists to ride on the sidewalk. It is indeed much safer for the to ride in the street, with the flow of traffic, assuming that the rider knows how to do so safely. When riding on the sidewalk, a cyclist is more likely to not be seen by drivers, and get hit while crossing at an intersection. Being in the road, while it annoys drivers, also forces them to see you because you are directly in their line of sight. Riding on the sidewalk, you also risk hitting pedestrians. This is not aimed at young children, obviously they should stick to the sidewalk. But adults should learn the proper way to ride, which is with the flow of traffic on the shoulder of the road. Obviously this is a bad idea in dark clothing at night. Your bike should at least have a flashing taillight on it for night riding (they cost ~$10)

Warning: in the city of Batavia, they don't enforce the no bicycling on the sidewalk law normally. However they will, if you get hit by a car because you were riding on the sidewalk. My cousin got hit by a van while in a crosswalk on his bike, and was issued a ticket for failure to stay right, and riding his bike on the sidewalk. Just a heads up.

Bob Harker
Bob Harker's picture
Offline
Last seen: 3 years 2 months ago
Joined: Aug 20 2009 - 3:12pm

I was at Castilone a few hours before this accident. My wife and I had absolutely no problem walking on the sidewalk.

Jeffrey Houseknecht
Jeffrey Houseknecht's picture
Offline
Last seen: 4 months 4 days ago
Joined: Jun 1 2009 - 8:04pm

I think we should address all the car violence in the community,if we didn't have all the cars out on the streets everyone would be much safer. There was another pedestrian hit earlier in the day on west main,I wonder if a pickup was also used in that incident?If it was was it an assault pickup?All that aside,I did notice that the south side of main between river and south lyon is in pretty bad shape and have seen many people walking in the street

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

Most intelligent people don't ride a bike in the winter in the road when conditions are icy and silppery. When I was a kid I lived over by Robert Morris and we walked to middle school every day. A lot of the time the side walks were not cleared that well. We still did not walk or ride a bike in the road in winter. The fact is you must be an idiot to walk or ride a bike on Main Street in the winter.

jeff saquella
jeff saquella's picture
Offline
Last seen: 3 months 4 weeks ago
Joined: Sep 30 2008 - 5:22pm

people do need to be more responsible and keep their sidewalks clear......i deliver pizza's as a part time job and i cant believe the amount of people who dont even keep their steps shoveled let alone the sidewalk....many times last night i had to trudge through unshoveled sidewalks and up steps that werent shoveled

Mark Janofsky
Mark Janofsky's picture
Offline
Last seen: 4 years 8 months ago
Joined: Feb 18 2009 - 2:42pm

The Town of Amherst has/had a similar code (to the City of Batavia) regarding snow removal on sidewalks. I remember hearing the Town would clear the sidewalks if they weren't cleared within 24 hours after a snowfall and issue fines to property owners. The Town got lax on the enforcement, especially near businesses on busy streets where snow storage was an issue. In the winter of 2001, a group of 4 teenagers were walking in Niagara Falls Boulevard because the sidewalks were piled with snow from cleared parking lots. They were all struck by a car, 3 were killed and 1 injured. This code is now strictly enforced and carries a $250 fine. I think the cost of clearing the snow is tacked on to the fine.

Currently in the City of Batavia, it cost more to neglect your grass than it does to neglect you sidewalk. The current grass fine is $250 plus the cost of cutting. If it happens more than once there’s an additional $100 fine and talk of jail time. The current snow fine is the actual cost of clearing the snow plus a 50% administrative fee. The minimum charge is $5.

I think it’s time to update the city sidewalk code!

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

Right from the City Code Book

§ 159-8. Snow on sidewalks.
A. Responsibility. The owner, occupant or lessee of any lot or lands adjoining any public sidewalk shall keep the same free from snow, slush or ice. In case of failure or neglect to comply with this requirement within 24 hours following any storm depositing such snow, slush or ice, such may be removed by the Department of Public Works at the direction of the Director of Public Works. Failure to complete such removal shall not be deemed an act of negligence by the City of Batavia. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Cindering, sanding. In the event that snow, slush or ice may become frozen on sidewalks in such a way that removal is difficult or injurious to sidewalks, the sidewalks shall be rendered safe for public travel by use of cinders, sand or other suitable materials and shall be properly cleaned thereafter when weather permits. If any owner, occupant or lessee of lots or lands abutting sidewalks fails to comply with this requirement, the walks shall be rendered safe by the Department of Public Works and thereafter cleaned at the direction of the Director of Public Works. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Work performed by Department of Public Works. Any work performed by the Department of Public Works pursuant to this section shall be charged against the property owner and shall be billed and collected by the Clerk-Treasurer. Such charge shall be a lien on the adjoining realty to the same extent as city taxes, and may be included in the general city tax roll and enforced in the same manner as other city taxes. All actual items of work, including labor and materials, plus an administrative and supervisory expense of 50% thereof, shall be charged; provided, however, that the minimum charge for each occurrence shall be $5 per lot or parcel of land. Editor's Note: Former Section 44.10, Telephone facilities on public streets, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Pretty standard stuff, except I know that in the case of a house that has multiple apartments in it the Landlord is responsible for the snow removal unless he has a contract or lease that stipulates differently. I do want to comment however that some nice clean sidewalks over here on Swan St were messed up by the city coming through with their plow machine that removed all but a few inches in the uncleared sidewalks. In the cleared sidewalks though it placed a couple inches of packed snow where there was bare sidewalk.

As for Jack Dorf's comment on walking and bike riding in the snow, the real fact is you must be an idiot to make generalized statements and judgements on people who walk or ride their bikes in the winter. These people may not have a vehicle or enough money for snowtires or gas to go places so according to you they are supposed to stay home not go anywhere, like the store, or to medical appointments or pick up needed medicines from pharmacies. That is the ultimate in attitude that you are better than others and that you have rights to use the road over those that dont. Think about it... as for bicycles they have to ride in the road according to the city code.

§ 159-1. Title.
This article shall be known and may be cited as the "City of Batavia Streets and Public Places Ordinances." Editor's Note: Former Section 44.2, Debris in streets, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 159-2. Vehicles on sidewalks.
A. No person shall ride a bicycle on a sidewalk except a bicycle having solid tires and designed for and used by preteenage children, or except to cross same.

B. No person shall drive a motorcycle or motor vehicle upon any sidewalk except as permitted by Vehicle and Traffic Law § 1225-a.

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

Kyle, get your facts right. I said walk or ride a bike the in road in the winter when it's icy and slippery on Main street. (heavy traffic) You think that's safe. No where did I state anything about social status.

You wrote: " These people may not have a vehicle or enough money for snowtires or gas to go places so according to you they are supposed to stay home not go anywhere, like the store, or to medical appointments or pick up needed medicines from pharmacies. That is the ultimate in attitude that you are better than others and that you have rights to use the road over those that dont."

Are you serious, how did you get that out of what I said. There were 2 people hit by cars yesterday for walking in the road, you think that's ok? You are a piece of work and your twisted statements and putting words into others mouths makes it clear who is the idiot. You are aware that it is illegal to walk in the road at any time right.

Brenda Ranney
Brenda Ranney's picture
Offline
Last seen: 3 weeks 1 day ago
Joined: Jun 21 2008 - 5:29pm

Anyone know who in city gov I need to call to report unshoveled sidewalks ? Or my favorite when a contracted plow truck clears out a driveway and deposits the snow on the city sidewalk (Columbia Ave.)
Yeah I know that's gonna be a really long phone call.
Just my way of encouraging the city to enforce the current laws or as Mark, wrote upgrade if that what it takes.

The sidewalk plow came through on the morning of the 3rd which I can on conclude was due to school being in session. Waiting over a week to plow resulted in a poor quality job. Majority of the walks had the left side dug soo far down that the hellstrip lost sod while the right side was still over a foot deep.

On a side note I shopped local on New Year's Eve on Main Street ... hard to beat a path to their door on an unshoveled sidewalk, hint hint.

david spaulding
david spaulding's picture
Offline
Last seen: 2 months 1 week ago
Joined: Sep 12 2011 - 5:46pm

[email protected] kyle....yep,kyle,i'll keep my attitude,i am better than others.simple fact. does that hurt your feelings? bring it on speechboy.

Gary Spencer
Gary Spencer's picture
Offline
Last seen: 9 months 3 weeks ago
Joined: Feb 18 2009 - 6:57pm

http://thebatavian.com/howard-owens/law-and-order-man-accused-calling-am...

Now he knows how long it takes for emergency crews to arrive!!!

Rich Richmond
Rich Richmond's picture
Offline
Last seen: 2 weeks 5 days ago
Joined: Mar 29 2011 - 4:50pm

Good find Gary.

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

Sorry Jack wasnt much of a reach to come to that conclusion from what you wrote

Jack Dorf wrote: "The fact is you must be an idiot to walk or ride a bike on Main Street in the winter."

Thats pretty straightforward...

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

David just cause you believe your better than others doesnt make it a fact. Just makes you delusional...

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

Kyle, Your right, my whole point was to point out how much better I am than all the poor and helpless that have no other choice than to "walk on Main Street in the winter when it's icy and slippery". It had nothing to do with common sense right. Maybe next you can defend the kids that go out and play in the road because they are poor and helpless and can't afford a house with a big yard. Nothing to do with common sense right?

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

Yeah being a pedestrian in this city for over a year due to medical condition Jack I can say that yeah that elusive common sense that all the drivers seem to have, Even those that drive the contribute on here can share some stories I'm sure. I know of a whole bunch of people who CHOOSE not to drive in the winter around here just because of the "common sense" drivers around here exhibit.

As for the playing in the street comment that really doesnt have anything to do with the discussion here but nice try at trying to keep up, and by the way the City of Batavia has an answer for that too...

§ 159-6. Games in street.
No person shall play baseball or any other game in the roadway of any street.

§ 159-9. Roller skating, riding on skateboards and in-line skating.
A. No person shall roller skate or ride on skateboards in the roadway of any street except on crosswalks.

B. No person shall ride on skateboards, use in-line skates or roller skates on sidewalks which unduly interferes with the use of sidewalks by pedestrians.

Man even city politician thought of that before you did Jack, imagine that.

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

You still miss the point. You turned it into something far more that it is. I truly hope your medical issue improves. If you need a ride any where please feel free to contact me as I would be more than happy to give you a ride instead of you walking in he street in certain conditions that could result in you getting hurt or killed.

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

Too late for that Jack I already just wracked my good leg's knee because the businesses on swan st plowed their parkinglots into the sidewalk so I had to walk in the street, I then went down twice on the black ice there. Thats just to go from the 60 block swan to 400 towers to catch a bus to my post op appointment. Thanks anyway.

I didnt miss any point whatsoever your preaching just got under my skin because people make assumptions and generalizations. Any locals here arent to surprised as while I dont want to down anyoe for their personal issues when it comes to alcoholism. But Kevin has quite a local mythology around their issues.

I just hate to see people demeaned for circumstances where their intelligence is called into question or they are outright ridiculed as idiots. Sometimes its not a choice.

Jack Dorf
Jack Dorf's picture
Offline
Last seen: 1 month 3 weeks ago
Joined: Apr 12 2010 - 11:32am

My point was not to demean anyone and if it came across that way I apologize for sounding condescending. Just that's its very unsafe. I wrote my first post after coming home and having to avoid one person walking in the street in front of Burger King at noon and a bicyclist in front of the mall wobbling in front of me and waiting for him to slide under my tires. Using the term idiot was pointed at the act and how unsafe it was.

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

I do find it funny though, looking back through the archives I see that at least in the city, its cars and trucks and suvs that hit pedestrians and bicyclists in the winter, so far (discounting last year's non snowy winter) goin back into 5 yrs I havent found one wintertime accident of this type involving commercial trucks and pedestrians or bicyclists. And these commercial trucks are the ones I could understand having trouble what with their size and manuvering capabilities.... interesting observation is it not?

Chris Vallett
Chris Vallett's picture
Offline
Last seen: 4 years 11 months ago
Joined: Apr 18 2010 - 7:20pm

Reread your post! You are not even sure of your own thoughts. Here you say the opposite than you usually do. do you just like to be on here or do you actually have morals and ideas?
You pick on the Idiot for walking in the street then turn around and say YOU were walking in the street with a bad leg? On ice.
Then you said "I didnt miss any point whatsoever your preaching just got under my skin because people make assumptions and generalizations." That's what you and another person did to me. But then I'm harassed for it.

"I just hate to see people demeaned for circumstances where their intelligence is called into question or they are outright ridiculed as idiots." you said, So which is it? Do only idiots walk in the street? Or do people that just have to sometimes?
Is everyone in the news an idiot? or does it give you something to do with your time?

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

Well Chris I re-read my post twice, I think you had better re-read it as well though. Would you like to point out where I was picking on the "idiot" walking in the street? If you ask the person I was discussing this with even Jack would agree that I was not at any time picking on anyone walking in the street.

What Doug and I were not assumptions or generalizations they were opinions based on the facts of the news story, and opinions based on your comments. The only generalizations made were your own Chris. As for wether everyone in the news is an idiot or not, there you go trying to reinforce a generalization again. I never characterized people walking in the streets as idiots, quite the opposite. But to answer your last question, yes this forum does give me something to do with my time. Even when I have to put up with people like yorself that dont seem to quite understand what they are reading.

Slow down, take a deep breath, take whatever meds you may be prescribed, and then read the whole thread on this subject. maybe you'll get it this time.

Chris Vallett
Chris Vallett's picture
Offline
Last seen: 4 years 11 months ago
Joined: Apr 18 2010 - 7:20pm

Kyle, Put up with people like "yorself " Maybe you need an education also.
We are supposed to leave comments on the post at hand this is not a comedy central site. A few of you stretch the FACTS into (I dont even know what to call it). Grow up!

Kyle Couchman
Kyle Couchman's picture
Offline
Last seen: 3 years 7 months ago
Joined: Dec 25 2009 - 8:54am

I have an education thanks Chris, I responded to your post with whats called a response.... So let me ask again? Would you like to point out where I was picking on the "idiot" walking in the street? you cant really expect anyone to take your comments as serious if you continue to make stuff up?

Post new comment

Log in or register to post comments

Calendar

S M T W T F S
 
 
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 

Copyright © 2008-2019 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
 

blue button