Westfield, NY — October 18, 2024, pedestrian Andrew Seelbinder was struck and killed by a tractor-trailer on Route 394 in Chautauqua County.
According to preliminary reports, the accident happened around 1:30 a.m. on Route 394 in the Town of Westfield. Investigators released few details but say Seelbinder was on foot when he was reportedly struck by a northbound semi-truck.
Seelbinder, 37, was fatally injured in the collision. No other injuries were reported. Authorities say no charges are expected to be filed.
The investigation is ongoing. No further details are currently available.
Commentary by Attorney Michael Grossman
One of the worst things someone can do after an accident like this one is jump to conclusions. I’ve lost count of the people who declared that anyone on foot where an 18-wheeler could show up “must be to blame;” fortunately, the law decides fault based only on the objective facts of the matter. With so few of those available right now, this accident may be more complex than it seems at first.
To be clear, that doesn’t mean I’m accusing anyone of anything. I’m only saying that there are still a lot of questions to answer. Here’s a few off the top of my head: Exactly where was the pedestrian in relation to the roadway? Was he in a travel lane, crossing through the road, or on the shoulder? How long was he there before the truck came along? How visible was he at night? What’s lighting like in that area? Was the truck in good working order? Did anything prevent either person from noticing the other? Would a reasonably prudent person have done everything the same way as both parties did on Route 394?
I don’t ask those questions to unfairly blame anyone or to suggest I know something investigators don’t. I only want the same careful investigation any crash deserves to ensure the whole truth is found. Even that confirms what’s already been said, it’s important to know that only facts tell the final story. The people who lost a loved one that night deserve no less than the whole truth.
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