Victorville, CA (November 2, 2024) – On Saturday, November 2, 2024, Manuel Rivera, 45, of Victorville died after being struck by a pickup truck.
Accident Details: Rivera was struck by a GMC Sierra pickup truck at approximately 6:20 p.m. at the intersection of Mojave and Village Drives. He later succumbed to his injuries at a hospital. The pickup truck driver remained at the scene and cooperated with deputies while the Victorville Major Accident Investigation Team began an inquiry into the crash’s circumstances.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination.
- Driver Duty and Responsibility: Under California law, drivers must exercise due care to avoid collisions with all roadway users, including bicyclists. This duty requires being aware of surroundings, particularly at intersections, where the risk of collision with pedestrians or cyclists can increase. Investigators will likely examine whether the driver took reasonable steps to prevent the crash and whether the accident could have been avoided with safer driving practices.
- Bicyclist Right of Way: Although details are limited, assessing right of way will be a critical part of the investigation. Investigators may examine whether Rivera was crossing at a marked path, had the right of way, or was visible to the driver.
- Road and Visibility Conditions: The accident occurred in the evening when visibility can be compromised. Weather and lighting conditions and whether the driver and bicyclist were using lights or reflectors will be investigated. Additionally, the intersection will likely be evaluated to determine if any design factors contributed to the collision risk.
Wrongful Death and Potential Compensation: If it’s determined that the driver’s actions contributed to Rivera’s death, the family may pursue a wrongful death claim. This legal option allows surviving family members to seek damages for funeral expenses, loss of companionship, and emotional suffering. However, any shared liability could impact the final compensation.
Comparative Negligence: In California, liability in traffic accidents involving bicyclists may be shared if the driver and bicyclist were partially responsible for the incident. Under comparative negligence law, damages awarded to any affected party are adjusted based on the degree of fault assigned to each. If evidence suggests Rivera entered the roadway unexpectedly or was not wearing the appropriate equipment (e.g., helmet, reflectors), his family’s recoverable compensation may be reduced.
My deepest condolences go out to Manuel Rivera’s family and loved ones during this difficult time. I hope the investigation brings clarity and accountability.
Source: Victorville Daily Press