San Jose, CA (August 18, 2024) – A tragic accident occurred on Sunday, August 18, 2024, when a bicyclist, 38-year-old Gilberto Salas Breniz, was critically injured in a collision with a car near South Jackson Avenue and Cinderella Lane.
Accident Details: Breniz was riding his bicycle north on Jackson Avenue when he veered into the southbound lanes. At that moment, he was struck by a Chevy Silverado pickup. The pickup driver remained at the scene and fully cooperated with the authorities. Breniz had succumbed to his injuries the next day.
Legal Considerations: As a personal injury attorney, I find that several legal factors may need to be investigated to determine liability for the collision that claimed Breniz’s life. Some key questions that might be explored include:
- Road Conditions: Was there any issue with the road that might have contributed to Breniz veering into the southbound lanes? Poorly maintained roads, unclear signage, or other hazards could have played a role.
- Driver’s Actions: Although the driver remained at the scene and cooperated with authorities, it is crucial to investigate whether they were driving at a safe speed, were distracted, or failed to take evasive action to avoid the collision.
- Cyclist’s Path: Understanding why Breniz crossed into oncoming traffic is crucial. Was he avoiding an obstacle, or did something else cause him to lose control of his bicycle?
Breniz’s family may have grounds to pursue a wrongful death claim if the investigation discovers that negligence on the part of the driver or any other party contributed to the accident. This type of claim could seek compensation for their loss, including funeral costs, loss of financial support, and the emotional pain of losing a loved one. A successful wrongful death claim would require proving that the negligent actions directly led to the fatal collision.
My sincerest condolences are with the family and friends of Gilberto Salas Breniz during this difficult time.
Source: CBS News