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December 21, 2012 - 6:38pm

Person struck by vehicle in front of Batavia Downs, minor injuries

posted by Billie Owens in batavia, accidents.

A pedestrian has minor injuries after being struck by a vehicle on Park Road in front of the Batavia Downs Casino. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 6:41 p.m.: The suspect vehicle left the scene. It's a red Malibu, last seen heading south on Park Road. It's possibly in the Tops Market parking lot or an adjacent parking lot. The kind of damage it may have sustained is not known, nor is the gender of the driver. Deputies are scouring the area.

UPDATE 6:44 p.m.: The town fire assignment is back in service.

UPDATE 6:49 p.m.: A 42-year-old female is being transported to UMMC with unspecified injuries. She is back-boarded and collared. Meanwhile, the driver of a red Chevy Impala parked in the Auto Zone store's parking lot is being questioned by deputies, although it's unknown if this car is the one involved in the Batavia Downs incident.

scott williams
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Last seen: 6 years 4 months ago
Joined: Oct 1 2009 - 4:07pm

Hope she is ok, the person probably didn't realize they hit anyone. The downs should be forced to put in a foot bridge or a tunnel for pedestrians . Someone is going to loose their life there. People walk across there without looking all the time like there is a force field to stop traffic or something!

William Millen
William Millen's picture
Last seen: 6 years 10 months ago
Joined: Aug 10 2009 - 12:19pm

This is one of the worst pedestrian crossings I've ever seen. The lighting is terrible, the people just walk across the road and expect cars to stop, and it's an unusual place that cars are expected to stop. I'm not sure a foot bridge is a good answer, because there are many people that go into that place that can't climb steps. Perhaps better lighting, a full-time crossing guard, and Downs management who actually care about people.

William Millen
William Millen's picture
Last seen: 6 years 10 months ago
Joined: Aug 10 2009 - 12:19pm

By the way, I do hope this person is okay. And for the person in the car not to stop is terrible. There's something seriously wrong with some people!

Jeffrey Appis
Jeffrey Appis's picture
Last seen: 6 years 7 months ago
Joined: Dec 25 2011 - 3:45pm

They should make the cross walk like the cross walks on main street. If you need to get across, There should be a button to push to signal the traffic light that someone needs to get across. And have a Person walking light on both sides with a Red and white light for the pedestrians to see when they can walk .. Everyone grew up using those lights on street corners to get across , so why not make it the same in front of the casino.

Robert Brown
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Last seen: 3 weeks 6 days ago
Joined: Nov 20 2012 - 11:52am

It is a bad crossing and traffic oftentimes is inattentive. I've seen plenty of cars speeding up and down Park Rd. in front of the casino with drivers on phones, etc... including the sheriffs (both speeding without sirens and on hand held phones)!

The good news is the capital renovation project includes reworking not only the crossing but a good stretch of the roadway in front of the casino. Some of the modifications in the plan include lowering the road grade, raising the entrance way, adding a median, and installing additional lighting.

In the mean time, it might be wise to improve the street signage and employ cross guards during peak business when traffic is heavy especially when dark.

maryann valone
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Last seen: 6 years 2 weeks ago
Joined: Sep 2 2009 - 12:35am

bad crossing-needs more motivation for drivers to be aware and slow way way down

tom hunt
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Last seen: 15 hours 43 min ago
Joined: Jan 31 2009 - 9:08am

People stumble out of the Casino numb from many hours behind a slot machine into the cross walk without looking. It is amazing that more people are not hit as some drivers act like they are not going to stop. I don't take chances and give the benefit of the doubt to the drivers. There was some talk about building a pedestrian bridge over Park Rd. But with the move of the machines to the first floor paddock area in the coming year, I think this is a dead issue.

Bob Harker
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Last seen: 4 years 9 months ago
Joined: Aug 20 2009 - 3:12pm

Howard - complete your reporting. Was the driver in Autozones parking lot the guy? If so, what charges. If not what are we looking for?

Doug Yeomans
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Last seen: 7 months 1 week ago
Joined: Feb 13 2009 - 8:28am

Bob? Howard didn't make the report and if the police don't make more information available, are follow up reports supposed to be made-up?

I was at the casino last night and left about 9pm. The pedestrian signs were covered with snow and cars just whipped through there like the crosswalk didn't exist. I would think that the majority of the traffic that travels Park Rd are local drivers. They all know the crosswalk exists and that foot traffic there is heavy. If drivers don't want to deal with that crosswalk, they should take a different route to their destination. Bitching about that crosswalk is like bitching that you got wet because you went swimming.

Kyle Couchman
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Last seen: 5 years 2 months ago
Joined: Dec 25 2009 - 8:54am

Besides what Doug said, crosswalks are mandatory stop areas, for drivers. NYS vehicle laws and NYS laws say that all vehicles MUST stop for a pedestrian in a crosswalk. Also if you havent taken the driver test or a saftey course in a while, pedestrians always have the right of way and any accident involving them is usually bad for the driver. Not in all cases but most are this way. People on foot ALWAYS have the right of way over a vehicle in circumstances involving a crosswalk.

Chances are this driver was drinking and took the risk to flee rather than face charges for the accident and DUI.

Shannon Laurer
Shannon Laurer's picture
Last seen: 3 years 8 months ago
Joined: Apr 11 2010 - 9:20am

It would also be nice if the "pedestrians" that are just relaxing/talking or enjoying a cancer stick would do so AWAY from the crosswalk, so irritating to stop for someone who just stands there and stares at you.

As I am familiar with the area I do slow down but on many occasions had someone barreling up the steps and across the walk with not one glance at the vehicle traffic. I am honestly surprised we don't see more reports like this!

Frank Bartholomew
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Last seen: 7 months 2 days ago
Joined: Apr 4 2010 - 8:02pm

People need to apply some common sense, plain and simple. Shannon, if you think people crossing at BD are slow, take a ride to the High school at dismissal time, kids crossing the street take forever, I just smile and wave.
Are people really in such a hurry? we can't spare an extra minute for safety?
I would much rather take the time to let pedestrians cross, than fill out a police accident report.

Mike Weaver
Mike Weaver's picture
Last seen: 1 month 3 weeks ago
Joined: Apr 13 2009 - 2:29pm

We don't have a crosswalk problem, we have a drivers ignoring the rules for a pedestrian in a crosswalk problem. I see drivers ignoring pedestrians in the crosswalk in front of Office for the Aging all the time too. It is state law that drivers stop and give right of way to pedestrians in the crosswalk. Why is it that drivers seem to either not know this law or ignore it?

Howard B. Owens
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Last seen: 3 days 21 hours ago
Joined: Apr 23 2008 - 3:05pm

Bob, not to put anything off on Billie because I was listening to the scanner, too, but look at the byline on the post, please.

There was nothing on the scanner to indict they found the right car. There was somebody who told dispatch, "this one is unrelated" or something like that and neither Billie nor I were totally sure remark was tied in anyway to the Batavia Downs call.

As Doug said, we can't make things up.

If there's no more information, there's no more information.

We're not likely to hear any more about this situation unless law enforcement puts out a photo from the security cams looking for the public's help on this matter or makes an arrest.

Tom Guentner
Tom Guentner's picture
Last seen: 2 years 5 months ago
Joined: Nov 16 2009 - 8:56am

Maybe a series of speed bumps along that entire section of road might help......

Shannon Laurer
Shannon Laurer's picture
Last seen: 3 years 8 months ago
Joined: Apr 11 2010 - 9:20am

Frank, I am talking about those people standing AT the crosswalk with NO intent to cross! I still have to stop as they are at the crosswalk but they just stand their doing whatever, frustrating!

I don't care how long they take to cross, not everyone can move quickly and some day I may be one of them, lol!

Pamela Fry
Pamela Fry's picture
Last seen: 6 years 3 months ago
Joined: Apr 16 2010 - 11:49am

First of all, like most of you said, many drivers do not slow down when approaching the crosswalk. This is only part of the problem in that area though in my opinion. I drive through the area frequently and I do slow down, but at night when you're approaching the crosswalk it is not always easy to see if a pedestrian is approaching the crosswalk coming from the parking lot. Pedestrians should also have the common sense to look for traffic before entering the crosswalk, yes it's a crosswalk and drivers are required to stop when pedestrians are using it but that doesn't mean all drivers will do so. I completely agree with what was said about people smoking or standing by the crosswalk, it is really annoying. It's happened to me several times that I've seen a person come out of Batavia Down's and look as if they're approaching the crosswalk, so I stop and wait... and wait.... and wait... only to realize they are just standing there to smoke.

Mark Janofsky
Mark Janofsky's picture
Last seen: 6 years 3 months ago
Joined: Feb 18 2009 - 2:42pm

Shannon, you are not required to stop. The law regarding right of way at crosswalks states you must yield to pedestrians in the crosswalk, not on the side of the road. There is a second paragraph to the law that pedestrians don’t know or choose to ignore. It states that, pedestrian are not to step out into traffic where it is not practical for a vehicle to yield.

It all boils down to common sense. People who go there expecting to win, are the same type of people that will step out in front of a 2000 pound hunk of steel! The only way to protect these people from Darwin is a full time Sheriff’s Deputy or State Trooper directing traffic. Anything else these same pedestrians are likely to ignore.

mike nixon
mike nixon's picture
Last seen: 2 years 6 months ago
Joined: Jul 8 2011 - 8:28pm

I have only been there a couple of times, back when the Trip Night and a couple of charity events where held there. It is a very poor set up. I feel that OTB and Batavia are responsible. If that was me hit by a car, I would have my name on the front of the building inside a year.

Duane Preston
Duane Preston's picture
Last seen: 8 years 1 month ago
Joined: May 4 2010 - 3:21pm

The section of road in front of the Batavia Downs should be given to the Downs to make a parking lot. A parking lot with only one way in and out to eliminate thru traffic. The new road, Veteran Memorial Drive will be used more to pick up the overflow of traffic.

mike nixon
mike nixon's picture
Last seen: 2 years 6 months ago
Joined: Jul 8 2011 - 8:28pm

traffic light with a push button cross walk and 60 second delay

Mark Potwora
Mark Potwora's picture
Last seen: 5 months 3 weeks ago
Joined: May 14 2008 - 6:42pm

Change the speed limit to 15 mph...40 mph is too fast for that area..Like they do in all areas around a school..Is that in the town or the city?

Bob Price
Bob Price's picture
Last seen: 1 year 11 months ago
Joined: Nov 15 2008 - 3:33pm

Suggestion: close Park Rd just south of the OTB building,making it an entranceway to the Downs, and make the road coming off Lewiston a driveway to the Downs,Kmart,and behind Tops Plaza.Then build an access road that goes between Officemax and the Peebles plaza,lining up w/the entrance to WalMart that is closest to store,and put a light there(yeah,just what Batavia needs,another stoplight....)

Ken Rumble
Ken Rumble's picture
Last seen: 7 years 6 months ago
Joined: May 25 2009 - 5:14pm

Bob you make a good point close Park Rd. I posted the last time somebody got hit there people do not pay attention when they walk across. Head down and not watching to see if a car stops first. I always wait to see if the vehicle stops and sees me before I cross.

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