San Deigo, CA (September 11, 2024) – A tragic accident on the evening of September 11, 2024, took the life of 30-year-old Tomas Hernandez of Escondido.
Accident Details: The crash occurred on State Route 76 in the rural Pala community, located northeast of San Diego. According to reports from the San Diego County Medical Examiner’s Office, Hernandez was driving his Ford pickup truck westbound at approximately 9:30 p.m. when he lost control of the vehicle.
The truck veered across the roadway near Pala Rey Youth Camp Road, overturning and rolling several times. Hernandez, who was ejected from the vehicle during the violent rollover, died at the scene.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. Accidents involving vehicles that roll over multiple times can be particularly complex, as they may involve several factors contributing to the loss of control.
Reason for Loss of Control: Investigators must identify the reason Hernandez lost control of his truck. Were there defects in the road? Did the truck suffer from mechanical failure? It is crucial to conduct a thorough examination of the accident site and the vehicle to determine if issues such as tire defects, faulty brakes, or poorly maintained roads contributed to the crash.
Wrongful Death Claim: If further investigation uncovers evidence of someone’s negligence, the surviving family members of Tomas Hernandez may have grounds to file a wrongful death lawsuit. This type of claim seeks compensation for the loss of a loved one due to another party’s negligence or misconduct, including funeral expenses and the emotional toll of losing a family member.
Seatbelt: One key question in this case is whether Tomas Hernandez was wearing a seatbelt at the time of the accident. Since he was ejected from the vehicle, it suggests he may not have been restrained, which tragically could have worsened the outcome. Under California’s comparative negligence laws, the absence of seatbelt use, however, does not automatically eliminate the possibility of a wrongful death lawsuit if other parties, such as manufacturers or state agencies, are found to be partially responsible for the crash.
My deepest condolences go out to the family and friends of Tomas Hernandez during this difficult time. I hope they can find comfort as they seek answers about the circumstances that led to this heartbreaking accident.
Source: Times of San Diego