Stockton, CA (October 21, 2024) – A tragic hit-and-run incident took place early Monday, October 16, 2023, on Interstate 5 near Charter Way in Stockton, resulting in the death of 33-year-old Santino Estrada.
Accident Details: According to the California Highway Patrol (CHP), Estrada was struck while crossing the freeway and died at the scene. The driver responsible fled after the crash, and authorities are still searching for information.
Legal Considerations: As a personal injury attorney, I find that the circumstances surrounding this hit-and-run raise several important legal questions regarding negligence and liability.
Hit-and-Run: The driver’s decision to leave the scene violates California law, which requires drivers involved in a crash to stop and render aid. The hit-and-run driver’s disregard for their legal obligation to stop and assist can establish grounds for negligence.
If the driver is located, Estrada’s family may have a basis for a wrongful death claim. In such cases, proving negligence involves showing that the driver’s failure to stop and render aid breached their duty of care. If successful, Estrada’s family could recover damages for funeral costs, loss of companionship, and emotional suffering.
Estrada’s Actions: Generally, pedestrians are prohibited from walking on or crossing freeways except in emergencies. When the incident occurred, Estrada was attempting to cross the northbound lanes of the freeway. While this behavior may contribute to determining his responsibility, it does not absolve the fleeing driver of liability. Although pedestrians are generally prohibited from walking or crossing freeways, drivers must always take care, obey the speed limit, and follow all traffic laws. Estrada’s family may still be able to recover partial compensation based on California’s comparative negligence laws.
My deepest sympathies go out to the family and friends of Santino Estrada during this challenging time. Losing a loved one so suddenly and tragically is heartbreaking, and my thoughts are with all those affected.
Source: Recordnet