Bakersfield, CA (December 27, 2024) – On December 27, 2024, a fatal crash occurred during a law enforcement pursuit in Bakersfield. The Kern County Coroner’s Office identified the deceased as 20-year-old Clay Uriah McLean.
Accident Details: The incident began at approximately 7:27 p.m. when a California Highway Patrol (CHP) officer attempted to stop McLean, who was riding a 2007 Yamaha motorcycle, for an alleged vehicle code violation. McLean did not obey, leading to a brief pursuit. By 7:28 p.m., the CHP unit reportedly lost sight of McLean. McLean’s motorcycle had collided with a Jaguar sedan at the intersection of Berkshire Road and Perla Way. McLean was pronounced dead at the scene.
Legal Considerations: As a personal injury attorney, I find that this tragic event raises several key legal questions:
- Pursuit Protocols: Law enforcement agencies follow specific guidelines to ensure public safety during pursuits. An investigation will likely examine whether the CHP followed these protocols, including the decision to initiate and continue the pursuit.
- McLean’s Actions: Failing to stop for law enforcement is a violation of traffic laws and may be considered a contributing factor in the crash. However, this does not negate the potential liability of other involved parties.
- Involvement of the Jaguar Driver: The Jaguar driver’s role will also be scrutinized. Investigators will assess their adherence to traffic laws, response to the developing situation, and any actions that might have contributed to the crash.
- Road Conditions: Roadway conditions, lighting, signage, and traffic patterns at Berkshire Road and Perla Way may also be relevant in determining whether external factors played a role.
The family of Clay McLean may have the option to file a wrongful death claim if negligence by another party is identified as a cause of the crash. McLean may be deemed negligent for failing to stop for law enforcement. But California’s comparative negligence laws may allow his family to recover compensation even if McLean is found partially at fault. The total recovery would be reduced in proportion to his percentage of fault.
I extend my deepest sympathies to the family and friends of Clay Uriah McLean during this profoundly difficult time.
Source: Bakersfield Now