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An elderly pedestrian was hurt after being struck by a motorcycle in Manhattan, according to local sources. The accident happened on the night of Jan. 14. So far, charges in this accident have not been filed, but New York authorities are still looking into the particulars. They have confirmed the pedestrian suffered severe injuries.

According to the report, a pedestrian accident happened on the Upper West Side around 5 p.m. A motorcyclist traveling east reportedly struck a 73-year-old man as he attempted to cross the street. Attending police said the man had been crossing just outside the sidewalk.

Both individuals involved in this crash were rushed to a local hospital. The motorcyclist’s injuries are unknown at this time, but it was confirmed the pedestrian was in critical condition. It is unclear whether he is expected to survive. However, police have not yet moved forward with any criminal charges against the motorcycle operator.

New York traffic law demands that drivers be aware of their surroundings at all times. This is particularly true in situations in which pedestrians are in or entering the roadway. Police have not clarified what they mean when they report the pedestrian was walking “just” outside the crosswalk, but it would appear that grounds may exist for a personal injury claim on behalf of the injured pedestrian. If he does not survive his severe injuries, a wrongful death claim could be pursued by the victim’s immediate family members. Even if the pedestrian is found to have been partially responsible for crossing outside of the crosswalk, recovery may still be appropriate under New York’s comparative negligence laws.

Source: New York Daily News, “Two pedestrians seriously injured after struck by vehicles in separate crashes in Brooklyn, Manhattan“, John Annese, Thomas Tracy, Jan. 15, 2016