East Bakersfield Crash: Investigating the Highway 178 Pedestrian Fatality and Legal Options

Highway 178 in East Bakersfield is a major thoroughfare, but it can also be a dangerous place for pedestrians. Sadly, accidents involving pedestrians occur far too often, sometimes with fatal consequences. When a pedestrian is struck by a vehicle, the aftermath can be devastating, leaving families grieving and struggling to understand their legal options. According to the California Office of Traffic Safety, Bakersfield has consistently ranked among the cities with the highest rates of pedestrian injuries and fatalities. If you or a loved one has been involved in a pedestrian accident on Highway 178, understanding your rights and the legal process is crucial.

Understanding Pedestrian Accidents on Highway 178

Highway 178, also known as the Alfred Harrell Highway, experiences significant traffic flow, especially during peak hours. This high traffic volume, combined with pedestrian activity, creates a potentially hazardous environment. Several factors can contribute to pedestrian accidents in this area:

Driver Negligence: This is a leading cause of pedestrian accidents. Negligence can include speeding, distracted driving (texting, using a cell phone), driving under the influence of alcohol or drugs, or failure to obey traffic signals.
Poor Visibility: At night or during inclement weather, visibility can be significantly reduced, making it difficult for drivers to see pedestrians.
Lack of Crosswalks or Safe Crossing Areas: In some areas of Highway 178, there may be a lack of designated crosswalks or safe crossing areas, forcing pedestrians to cross in dangerous locations.
Pedestrian Error: While drivers often bear the primary responsibility, pedestrian actions can also contribute to accidents. This could include jaywalking, crossing against traffic signals, or walking while distracted.

Investigating a Pedestrian Fatality

When a pedestrian accident results in a fatality, a thorough investigation is essential to determine the cause and identify any liable parties. This investigation typically involves:

Police Investigation: Law enforcement will conduct an investigation at the scene of the accident, gathering evidence, interviewing witnesses, and reconstructing the events leading up to the collision. The police report is a crucial document in determining fault.
Accident Reconstruction Experts: In complex cases, accident reconstruction experts may be called in to analyze the evidence and provide a detailed analysis of how the accident occurred. They use data such as skid marks, vehicle damage, and witness statements to recreate the accident.
Medical Records Review: A review of the deceased pedestrian’s medical records can help determine the extent of their injuries and whether any pre-existing conditions contributed to the outcome.
Witness Statements: Gathering statements from witnesses who saw the accident is crucial. Witnesses can provide valuable information about the actions of both the driver and the pedestrian.

Legal Options for Families of Pedestrian Fatality Victims

If a loved one has died as a result of a pedestrian accident on Highway 178, the family may have several legal options:

Wrongful Death Claim: A wrongful death claim can be filed against the at-fault party to recover damages for the losses suffered by the family. These damages can include:
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Loss of the deceased’s income and future earnings
- Loss of companionship, love, and support
- Pain and suffering experienced by the deceased prior to death
Survival Action: In addition to a wrongful death claim, a survival action can be filed to recover damages that the deceased pedestrian suffered between the time of the accident and their death. This can include pain and suffering, medical expenses, and lost wages.
Insurance Claims: Depending on the circumstances, there may be multiple insurance policies that can provide coverage, including the at-fault driver’s insurance, the deceased’s own auto insurance (if they had uninsured/underinsured motorist coverage), and potentially even homeowner’s insurance.

Determining Liability in a Pedestrian Accident

Establishing liability is a critical step in pursuing a legal claim after a pedestrian accident. In California, the legal principle of negligence is often used to determine fault. To prove negligence, the following elements must be established:

Duty of Care: The driver had a duty to exercise reasonable care to avoid harming others on the road, including pedestrians.
Breach of Duty: The driver breached this duty of care by acting negligently (e.g., speeding, distracted driving, violating traffic laws).
Causation: The driver’s negligence directly caused the pedestrian accident.
Damages: The pedestrian suffered damages as a result of the accident (e.g., injuries, medical expenses, lost wages, pain and suffering).

The Importance of Legal Representation

Navigating the legal complexities of a pedestrian accident case can be overwhelming, especially during a time of grief. An experienced personal injury attorney can provide invaluable assistance by:

Conducting a thorough investigation: Gathering evidence, interviewing witnesses, and working with accident reconstruction experts to build a strong case.
Dealing with insurance companies: Handling all communications with insurance adjusters and negotiating a fair settlement.
Filing a lawsuit: If a fair settlement cannot be reached, filing a lawsuit and representing the family in court.
Providing guidance and support: Explaining the legal process, answering questions, and providing emotional support during a difficult time.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection for the pedestrian. Common injuries include:

Traumatic Brain Injuries (TBI): Head injuries can range from concussions to severe brain damage, leading to long-term cognitive and physical impairments.
Spinal Cord Injuries: These injuries can result in paralysis or other permanent disabilities.
Broken Bones: Fractures are common, especially in the legs, arms, and ribs.
Internal Injuries: Damage to internal organs can be life-threatening and require immediate medical attention.
Amputations: In severe cases, limbs may be severed at the scene of the accident or require surgical amputation.
Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can cause significant pain and mobility issues.

Seeking Justice and Compensation

Losing a loved one in a pedestrian accident is a tragic and devastating experience. While no amount of money can ever replace a lost life, pursuing a wrongful death claim can help families obtain the financial resources they need to cope with the loss and secure their future. It can also hold the responsible parties accountable for their actions and potentially prevent similar accidents from happening in the future.

If you have lost a loved one in a pedestrian accident on Highway 178 in East Bakersfield, it is essential to seek legal advice from an experienced personal injury attorney as soon as possible. They can evaluate your case, explain your legal options, and help you pursue the justice and compensation you deserve.