The Yates County Sheriff's Office says the driver accused of hitting a horse and buggy, injuring a family of seven, has been charged.

On Tuesday, Justin Niver, 24, was charged with three vehicle and traffic law charges, including following too closely, failing to exercise due care to avoid collision, and failure to wear a seat belt.

All seven family members in the buggy are reportedly improving in the hospital.

According to the sheriff's office, the buggy driver, Mathew Sensenig, 33, and his wife suffered head injuries and were airlifted to the hospital. A 7-year-old child and 7-month-old child were also flown to Strong Memorial Hospital. Three others were also hurt. The victims have stabilized after receiving medical treatment.

The crash happened around 5 p.m. Sunday on East Sherman Hollow Road, West of the village of Penn Yan.

Deputies say Niver hit the buggy as he tried to pass it, just as another car crested the hill. 

Sheriff Ron Spike said drivers have to use extra caution when sharing the road with slower vehicles.

"When you see that slow-moving emblem, that orange-colored triangle, you come up behind a slow-moving vehicle, you've got to give them a break. And I mean put your break on, slow down, and do not pass unless you can exercise due care in doing so."

The horse was badly injured and had to be euthanized at the scene.

Niver was not hurt, but his car was impounded.

The Yates County Sheriff's Office says an investigation found that no impairment, no distraction, and no unsafe passing event occurred, and that Niver approached the buggy at 52 mph, and his right front crashed the left rear of the buggy, traveling 5 mph, causing the occupants to be ejected. The vehicle then collided with the horse. 

Niver was issued appearance tickets to appear at the Town of Jerusalem Justice Court.