Bakersfield, CA (October 16, 2024) – Eight-year-old Ricardo Aguilar was tragically struck by a car while walking home near Roosevelt Elementary School in Bakersfield on Wednesday.
Accident Details: Surveillance footage revealed that a gray sedan that initially stopped at a stop sign accelerated and hit Ricardo as he crossed Bank Street. Despite doctors’ efforts in both Bakersfield and Madera, Ricardo passed away from his injuries on Friday, October 18, 2024. No arrests have been made as the Bakersfield Police Department continues its investigation.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination.
- Driver Behavior: Based on the available surveillance footage, the sedan driver may have failed to yield appropriately after stopping at the stop sign. The investigation should focus on whether the driver was distracted or speeding, as such factors could contribute to determining liability.
- School Zone Safety and Traffic Control Measures: Legal responsibility may also extend to local government entities for failing to implement appropriate safety measures, such as crossing guards or speed bumps, despite numerous concerns voiced by residents. Should the investigation reveal that the lack of proper signage or other safety precautions played a role in Ricardo’s death, the city might face liability for failing to address these dangers promptly.
Wrongful Death Claim: If the investigation determines that the driver of the gray sedan or the local municipality acted negligently, Ricardo Aguilar’s family may have grounds to file a wrongful death claim. A wrongful death claim could allow the Aguilar family to pursue damages for funeral expenses, emotional distress, and loss of companionship.
Ricardo’s family and community are devastated by this loss. My deepest condolences go out to them during this incredibly difficult time.
Source: KGET