Bakersfield, CA (October 16, 2024) – On the evening of October 16, 2024, 84-year-old Fernando Benitez Espinosa tragically lost his life after being struck by a green pickup truck on South King Street in Bakersfield, according to the Kern County Coroner’s Office.
Accident Details: The accident occurred around 7:29 p.m. near the Union Cemetery. The Bakersfield Police Department reported that Espinosa was in the roadway but outside of a crosswalk when he was hit by the southbound vehicle. Espinosa sustained severe injuries and was pronounced dead at the scene. The pickup truck driver remained at the accident scene and cooperated with authorities.
Legal Considerations: As a personal injury attorney, I find that determining liability can hinge on several factors. A critical aspect in this case is that Espinosa was reportedly outside of a crosswalk when he was struck. California law generally requires pedestrians to use crosswalks when crossing streets; however, this does not automatically absolve a driver of responsibility. Drivers are required to exercise due care for the safety of pedestrians, even outside designated crosswalks.
Investigations will explore whether the driver adhered to all traffic laws, including speed limits and attentiveness. Even in situations where a pedestrian may be partially at fault, if investigators find that the driver was driving recklessly or could have taken steps to avoid the collision, Espinosa’s family members may have grounds to pursue compensation through a wrongful death claim.
I offer my deepest condolences to the family of Fernando Benitez Espinosa during this challenging time. Losing a loved one in such tragic circumstances is unimaginable, and my thoughts are with all those affected by this loss.
Source: Bakersfield Now