San Marcos, CA (October 31, 2024) – The San Marcos community is heartbroken after the loss of 16-year-old Yoltzin Hernandez, a student at San Marcos High School.
Accident Details: On Halloween morning, around 6:30 a.m., Yoltzin was reportedly crossing Rancho Santa Fe Road near San Marcos Boulevard when she was struck by a northbound car. Emergency responders transported her to the hospital with critical injuries. Her family later shared that she was left brain dead, leading them to the painful decision to let her go.
The driver involved remained on the scene and cooperated fully with authorities. Drugs or alcohol are not believed to be factors in this incident. The San Diego Sheriff’s Department continues to investigate, and community members have raised concerns about the safety of this busy roadway.
Legal Considerations: As a personal injury attorney, I find that multiple legal factors may be relevant to determine the cause and any responsibility associated with the tragic accident.
- Driver Behavior: Investigators should examine the driver’s speed, awareness, and reaction time. Determining whether the driver had ample opportunity to avoid the collision could determine whether additional precautions could have prevented the tragedy.
- Road Conditions and City Responsibility: Community members have raised concerns about the safety of Rancho Santa Fe Road. Even though city officials have noted that there have been no other pedestrian accidents at this location in the last decade, pedestrian traffic near schools may warrant additional safety measures. Mid-block crossing incidents can sometimes indicate a need for better signage, crosswalks, or lighting, especially near schools where students frequently travel on foot. If roadway conditions or visibility played a role, the city could be held partially accountable for not considering these factors.
Wrongful Death: Yoltzin’s family may consider filing a wrongful death claim if negligence is found to have contributed to the accident. This type of claim seeks to hold responsible parties accountable for actions or oversights that may have played a role in causing a death.
Pedestrian Behavior and Comparative Negligence: Since preliminary reports indicate that Yoltzin was crossing mid-block rather than at an intersection, her location on the roadway could be reviewed under comparative negligence if it was not a designated pedestrian crossing. However, this would not preclude her parents from financial recovery. However, their compensation may be reduced based on Hernandez’s portion of fault.
I extend my deepest condolences to Yoltzin Hernandez’s family and friends. I hope her family finds comfort in the support and memories shared by the community. Her sister has set up a GoFundMe account to help pay for Yoltzin’s funeral and medical expenses. Please contribute if you can.S
ource: Fox 5 San Diego