Bakersfield, CA (October 31, 2024) – On the evening of October 31, 2024, 18-year-old Analisa Marisol Lopez of Bakersfield tragically lost her life after being struck by a car on the Westside Parkway near Allen Road.
Accident Details: Lopez was riding her skateboard westbound on the freeway around 6:40 p.m. when the collision occurred, resulting in her death at the scene. The California Highway Patrol (CHP) is investigating the incident.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination.
- Driver Liability: Even with Lopez’s prohibited presence on the freeway, the driver has a duty to exercise reasonable caution. The investigation will examine whether the driver was speeding, distracted, or impaired at the time of the crash.
- Roadway Conditions and Design: Was there sufficient fencing or barriers to prevent pedestrian access to the Westside Parkway? Were lighting conditions adequate at the time of the accident to ensure that the driver and Lopez could see each other? Were there clear signs indicating the prohibition of pedestrian access to the freeway, and were measures in place to deter such access? Any negligence may implicate the local municipality in charge of maintaining the roads.
Wrongful Death Claims: Lopez’s family may be able to pursue a wrongful death claim if evidence suggests that another party’s negligence contributed to the fatality. With this claim, they may be able to recover compensation for funeral expenses and the emotional distress of losing a loved one.
Comparative Negligence: California operates under a comparative negligence system, meaning that fault can be distributed among multiple parties based on their share of fault. The CHP has indicated that pedestrians are prohibited from being on freeways, which suggests that Analisa may have been unlawfully present on the roadway. Lopez’s decision to skate on the freeway, where pedestrians are prohibited, is significant. This factor may reduce her family’s recoverable compensation based on her share of the fault.
The loss of Analisa Lopez is a heartbreaking tragedy, and I extend my deepest condolences to her family and loved ones during this difficult time. Her family has set up a GoFundMe campaign to assist with funeral expenses. Please contribute if you can.
Source: Bakersfield Now