Pedestrian Vielka Gerardo Fatally Hit by Semi-Truck on Bakersfield's Highway 99
Pedestrian Accident, Bakersfield, Ca
The streets can be a dangerous place for pedestrians, as starkly illustrated by a recent tragedy that occurred on Highway 99. On a dark, fateful night, a 52-year-old woman named Vielka Eleanor Gerardo lost her life after being struck by a semi-truck. The incident poses a compelling example of the catastrophic consequences of pedestrian accidents and the legal aspects surrounding them.
The California Highway Patrol (CHP) provided a detailed report about the incident, stating that the victim was walking in the lanes of traffic south of Rosedale Highway. The driver of the Peterbilt truck, a 64-year-old man from West Covina, unfortunately, could not see Gerardo due to her dark clothing and the nighttime conditions. The driver was also unable to swerve due to the presence of another truck in the adjacent lane.
Cases like these are heart wrenching, and they prompt many important legal questions. Who is at fault when such a mishap happens? What rights do the victims and their families have in these circumstances? In the eyes of personal injury law, the answers hinge on the principle of negligence.
Negligence refers to the failure to exercise a degree of care that would be expected in a particular situation. It forms the basis of many personal injury cases, including pedestrian accidents. Here, the law would analyze several factors, such as the actions of both the pedestrian and the driver, the conditions of the road, visibility, and traffic regulationsch
Importantly, the CHP report stated that alcohol and drugs do not appear to be factors in the crash, and the driver was cooperating with the ongoing investigation. Although the driver has not been arrested, this does not exempt him from potential civil liability.
Civil liability is independent of criminal proceedings and often takes place in cases where victims or their families seek damages for personal injury or wrongful death. It’s possible that the family of Vielka Eleanor Gerardo could pursue a wrongful death claim against the driver, the trucking company, or potentially the state, depending on the results of the investigation.
It’s also worth noting that California follows a comparative fault rule in personal injury cases. This means that even if the victim was partially at fault – perhaps due to wearing dark clothing at night – it wouldn’t bar recovery. Instead, any damages awarded would be reduced by the percentage of the victim’s fault.
The tragic incident on Highway 99 is a stark reminder of the dangers that pedestrians can face. At Scranton Law Firm, we understand the complexities and emotional challenges of such cases. With over 50 years of experience and a record of recovering more than $500,000,000 for injured clients, we stand ready to provide expert legal counsel and support to those affected.
We encourage anyone affected by this accident or similar incidents to seek professional legal advice. Navigating the aftermath of a tragic accident can be a daunting task, but you don’t have to do it alone.
Remember, every situation is unique. The advice of an experienced personal injury lawyer could be crucial to understand your rights and the best course of action. At Scranton Law Firm, we’re not just your lawyers; we’re your trusted allies in the fight for justice. You’re not alone. Reach out to us today to start the process of healing and recovery.