Santa Rosa, CA (November 18, 2024) – On Monday night, November 18, 2024, Irvin Hernandez, a 33-year-old postal worker, was tragically killed in a Santa Rosa collision while performing his job duties.
Accident Details: According to police, the driver of an SUV, who was reportedly driving erratically, struck Hernandez and his postal vehicle as he stood outside sorting mail. Authorities suggest the driver may have experienced a medical emergency before the crash.
Legal Considerations: As a personal injury attorney, I find that this incident raises several legal questions regarding liability:
Negligence and Driver Responsibility: If the driver failed to exercise due care while operating the SUV, they may be liable for negligence. Even in cases where a medical emergency is alleged, the driver’s actions leading up to the crash warrant examination. Questions to explore include:
- Did the driver have a known medical condition that might have impaired their ability to operate a vehicle safely?
- Were there opportunities to take preventive measures, such as refraining from driving or seeking medical clearance?
- Was the erratic driving behavior consistent with negligence or reckless conduct?
Employer Liability: The Postal Service’s role in worker safety may also merit scrutiny. This practice could pose inherent risks if Hernandez was required to sort mail outside the vehicle. An investigation might consider whether USPS policies or the design of the postal vehicle provided sufficient safeguards for workers. If USPS failed to implement these safer designs promptly, could this constitute negligence in protecting employees?
Wrongful Death Claims Hernandez’s family may be eligible to pursue a wrongful death claim, seeking compensation for their profound loss. Recoverable damages could include funeral expenses, loss of financial support and benefits, and emotional pain and suffering caused by his untimely death.
I offer my sincerest condolences to Irvin Hernandez’s family and friends during this difficult time.
Source: ABC 7 News