Apple Valley, CA (September 16, 2024) – On Monday, September 16, 2024, Jacob S. Hernandez, an 18-year-old from Apple Valley, tragically lost his life after being struck by a vehicle on Highway 18.
Accident Details: The accident occurred around 3 a.m. near the intersection of Flathead Road and Highway 18. According to reports from the Apple Valley Sheriff’s Station, Nicholas Harris was traveling westbound in a Kia Optima on the highway. He struck Hernandez, who was walking between lanes in the roadway.
Hernandez suffered major injuries and was transported to a local hospital, where he was pronounced deceased. Harris was uninjured and remained on the scene to cooperate with authorities. The San Bernardino County Sheriff’s Department Major Accident Investigation Team (M.A.I.T.) is thoroughly investigating the circumstances surrounding the accident.
Legal Considerations: As a personal injury attorney, I find that it is essential to conduct a comprehensive investigation to determine the factors contributing to the accident and identify potential liability. Several questions must be addressed to understand what led to this incident:
- Visibility and Road Conditions: Investigators should examine whether adequate street lighting, signage, or other safety measures could have impacted the driver’s ability to see the pedestrian.
- Driver’s Actions: Was Nicholas Harris driving within the speed limit, or could excessive speed have played a role in the crash? Additionally, was Harris distracted or fatigued at the time of the accident? Investigating potential negligence on the part of the driver, including phone records and possible impairment, would be vital in determining liability.
- Pedestrian Behavior: It will also be essential to understand why Jacob Hernandez was walking in the roadway and whether any factors, such as a lack of sidewalks or other safe paths, might have contributed to his presence on the highway. Third-Party Liability: Government entities responsible for maintaining roadways may share liability if poor road design, lack of proper signage, or other hazards played a role in the accident. Another critical consideration is investigating whether the local municipality or state authorities could be partially responsible for creating an unsafe environment.
Depending on the investigation’s outcome, the family of Jacob Hernandez may have grounds to pursue a wrongful death lawsuit. Additionally, any potential comparative negligence on Hernandez’s part—such as walking in the roadway—may also factor into the liability determination. Under California’s comparative negligence laws, Hernandez’s family could recover some damages even if he is found partially at fault.
I extend my deepest condolences to the family and friends of Jacob Hernandez during this incredibly difficult time.
Source: Victor Valley News Group