Orcutt, CA (January 16, 2025) – A tragic accident on Highway 101 last week claimed the life of a Bakersfield big-rig truck driver, David Gutierrez Hernandez, 54.
Accident Details: The crash occurred on Thursday, January 16, 2025, at approximately 2:30 PM on northbound Highway 101, north of Solomon Road, between Orcutt and Los Alamos. According to the California Highway Patrol (CHP), Hernandez’s tractor-trailer veered off the east edge of the roadway and into a nearby vineyard. Sadly, he was pronounced dead at the scene. He was the sole occupant of the vehicle. The cause of the crash remains under investigation as officers work to determine what factors may have contributed to this tragic incident.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination.
- Mechanical Failure: A mechanical malfunction, such as a steering or brake failure, could have contributed to the driver losing control of the vehicle. A thorough inspection of the truck is necessary to rule out any mechanical issues.
- Road Conditions: Road defects or obstructions could also be contributing factors. The investigation should examine the condition of the roadway and surrounding environment at the time of the crash.
Wrongful Death: Depending on the findings of the investigation, if negligence is established, such as a defective truck part or unsafe road conditions, Hernandez’s family may have grounds to file a wrongful death lawsuit against the responsible party.
If David Gutierrez Hernandez was distracted or fatigued, his family may still be able to recover compensation as long as another party was also negligent. However, California’s comparative negligence laws would reduce his family’s recoverable compensation by his percentage of fault. It should be noted that the trucking company may also be liable if it pushed Gutierrez Hernandez to work longer hours against federal trucking regulations.
My heartfelt condolences go out to the family and friends of David Gutierrez Hernandez. I hope the investigation provides the answers and closure they need.
Source: Noozhawk