Tulare County, CA (September 27, 2024) – Tragedy struck in Tulare County early Friday morning when 50-year-old Marin Apodaca of Cutler was killed while trying to help clear debris from a crash.
Accident Details: The incident occurred on Highway 63 and Avenue 392, south of Cutler, at approximately 6 a.m. Apodaca, who had been on his way to work with his wife, stopped to assist after a truck turning left on Highway 63 was rear-ended by another vehicle. In a selfless act of kindness, Apodaca attempted to remove the plywood from the roadway when struck by a passing 2016 Toyota. Despite efforts to save him, including CPR administered by the Toyota driver and paramedics, Apodaca was pronounced dead at the scene.
According to the California Highway Patrol (CHP), the driver of the Toyota did not see Apodaca on the road. Drugs and alcohol are not believed to be factors in the accident. The initial crash resulted in minor injuries, with one person being hospitalized for head lacerations.
Legal Considerations: As a personal injury attorney, I find that this tragic accident raises several legal questions regarding potential liability.
- Driver Behavior: In situations like this, a personal injury attorney would likely investigate whether the Toyota driver was exercising reasonable caution. Even though no drugs or alcohol were involved, investigators must also consider other factors, such as distracted driving, speeding, or other reckless driving.
- Road Conditions: Investigators should also examine the road conditions. Was there a defect that caused the Toyota driver to hit Apodaca? If negligence is found, the local municipality may face liability.
- Mechanical Failure: Did the Toyota suffer from a mechanical defect, such as a steering wheel malfunction or brake problem? Mechanical defects can cause a driver to lose control of a vehicle. If negligence is found, the manufacturer or service provider may be implicated.
Wrongful Death: Depending on the investigation’s outcome, Marin Apodaca’s family may have grounds for a wrongful death lawsuit. California’s wrongful death laws allow families to seek compensation when negligence leads to a loved one’s death. This compensation could help ease the financial burden of funeral expenses and support Apodaca’s grieving family, especially his wife and children.
My deepest condolences go out to Marin Apodaca’s family and friends. In this time of unimaginable grief, I hope his family finds the support they need. His family has set up a GoFundMe page to help with Apodaca’s final expenses. Please contribute if you can.
Source: ABC 30