Bakersfield, CA (August 18, 2024) – Joshua Gabriel Escandon, a 27-year-old Bakersfield resident, tragically lost his life after being struck by a vehicle on South Chester Avenue at Sandra Drive late at night.
Accident Details: The incident occurred at approximately 11:51 p.m. According to the Bakersfield Police Department (BPD), Escandon was standing outside a crosswalk when the collision occurred. Despite arriving quickly on the scene, first responders found Escandon with major injuries. The driver involved remained at the scene and fully cooperated with the authorities. The BPD has stated that neither speed nor impairment appeared to be a factor in the crash.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. The driver’s duty to exercise caution while driving remains a critical point of investigation. Investigators will ask questions such as: Did the driver have enough time to react appropriately? Were they distracted in any way? Were they violating any traffic laws?
Since speed and impairment were not considered factors, the focus may shift to whether any other negligence occurred. Was the area well-lit, and could the driver reasonably have seen Escandon in time to avoid the collision? Were there any road conditions that may have contributed to the accident? Did the car have a mechanical failure?
Wrongful Death: In California, wrongful death lawsuits can be filed when negligence leads to the death of an individual. Depending on the facts, Escandon’s family may be able to file the claim and recover compensation for the loss of their loved one.
Comparative Negligence Laws: Even though Escandon was outside the crosswalk, his family may still be able to recover damages. Under California’s comparative negligence laws, the responsibility for an accident can be shared between parties based on their degree of fault. So, if Escandon’s decision to stand outside the crosswalk is considered negligent, his family may still recover some damages.
My deepest sympathies go out to the family and friends of Joshua Gabriel Escandon during this challenging time.
Source: Bakersfield Now