Merced County, CA (November 10, 2024) – On November 10, Victor Hernandez-Gonzalez, 40, of Santa Nella, was fatally struck on Interstate 5 south of State Route 33.
Accident Details: According to the California Highway Patrol (CHP), a 2014 Audi driven by a 24-year-old man from Norwalk struck Hernandez-Gonzalez, who was walking east in the southbound lanes. The driver reportedly attempted to swerve but could not avoid the collision. Hernandez-Gonzalez was hit with the front of the vehicle. CHP is continuing to investigate the circumstances surrounding the incident. Authorities do not believe drugs or alcohol contributed to the collision.
Legal Considerations: As a personal injury attorney, I find that this tragic incident raises several legal questions regarding pedestrian safety and driver responsibility.
- Driver Responsibility: California law requires drivers to exercise due caution, especially when a pedestrian is in the roadway. Though initial reports suggest the driver attempted to avoid the pedestrian, further investigation may focus on whether he was speeding, distracted, or otherwise driving unsafely for the conditions.
- Road Conditions: The condition of the roadway at the time of the crash could also be factors. The local municipality may bear responsibility if road defects contributed to the crash.
Wrongful Death Claim: Depending on the results of the investigation, Victor Hernandez-Gonzalez’s family may have the right to pursue a wrongful death claim. This claim can provide compensation to families for funeral expenses and other losses.
Comparative Negligence: However, pedestrians have a legal duty to avoid creating hazardous situations for drivers. Investigators must determine why Hernandez-Gonzalez was walking on the interstate and whether his actions contributed to the collision. Even if he is found to be liable, his family can still recover compensation for another party’s negligence. However, the amount of compensation may be reduced based on his portion of the fault.
I offer my deepest sympathies to the family and friends of Victor Hernandez-Gonzalez during this challenging time. The loss of a loved one is heartbreaking, and my thoughts are with those grieving his passing.
Source: Merced Sun-Star