Merced, CA (August 26, 2024) – On Monday night, August 26, 2024, in Merced, California, a tragic accident occurred when 39-year-old Justin Rigers was struck and killed while crossing East Yosemite Avenue near Cordova Avenue.
Accident Details and Ongoing Investigation: The incident unfolded shortly before 9 p.m., leading to a complex investigation into the circumstances surrounding the hit-and-run. According to Merced Police reports, Rigers, who was not using a crosswalk, was initially hit by an eastbound Toyota. This vehicle fled the scene, leaving Rigers in a vulnerable position. He was then struck by a Honda Civic, whose driver remained at the scene and cooperated with authorities.
The vehicle suspected of being involved in the hit-and-run has been identified as a 2024 Toyota Tundra pickup truck, which is currently in police custody. Police are in the process of examining the vehicle for physical evidence to aid in their investigation. No one has been arrested in connection with Rigers’ death, and the investigation is ongoing.
Consideraciones legales: Como abogado de lesiones personales, considero que varios aspectos de este caso merecen un examen más detenido.
Hit-and-Run Charges: The Toyota driver could face significant legal consequences for leaving the scene of an accident. In California, leaving the scene of a collision, especially one resulting in death or serious injury is a criminal offense that could lead to severe penalties if the driver is identified and charged.
Wrongful Death Claim: The family of Justin Rigers may be able to pursue a wrongful death claim against the negligent party. In such cases, the family can seek damages for the loss of their loved one, including compensation for funeral expenses, loss of companionship, and emotional distress.
Comparative Negligence: Although Rigers was not in a crosswalk, which might be seen as a contributing factor to the accident, California follows a comparative negligence rule. This means that even if Rigers was partially at fault, his family could still recover damages. The degree of fault assigned to each party will be considered, and damages may be adjusted accordingly.
My thoughts are with Justin Rigers’ family and friends during this incredibly difficult time. I hope the ongoing investigation brings answers and justice for Rigers and his family.
Source: Merced-Sun Star