Florencio Moreno San Jose: Florencio Moreno Killed In Hit-And-Run San Jose Truck Accident While Riding Bicycle On Old Bayshore Highway By Interstate 880
SAN JOSE, CALIFORNIA (November 22, 2019) – A 71-year-old employee at Omnitec Precision machine shop identified as Florencio Moreno has tragically died in a hit-and-run truck accident on Old Bayshore Highway near Highway 101.
San Jose police are saying that the accident took place around 5:45 a.m. Surveillance footage shows what may be a sewage truck hitting Florencio Moreno as he was riding his bicycle.
The victim was dragged nearly 40 feet and left in the bicycle lane with traumatic injuries. Paramedics were called to the scene in order to help the victim.
Despite life-saving measures Florencio Moreno later died due to his injuries. Employees at Omnitec Precision machine shop got worried after he failed to show up for work.
Christina Kawano worked with Florencio Moreno and told reporters, “He was just a really nice man. Nobody deserves that. I really hope they find who did this and they figure out what happened and why.”
Police are still searching for the white commercial truck that fled the scene.
Liability In San Jose Hit-And-Run Truck Accidents
According to the Centers For Disease Control and Prevention, “In 2016, 5,987 pedestrians were killed in traffic crashes in the United States. This averages to one crash-related pedestrian death every 1.5 hours. Additionally, almost 129,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries in 2015. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.” There are a number of common factors associated with bicycle accidents including:
- Driver fatigue
- Driver intoxication
- Prescription drug use
- Inclement weather
- Reduced visibility
Truck drivers are supposed to yield the right to bicyclists that are lawfully in bicycle lanes. According to California Vehicle Code 21200, “A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10.” There is simply no excuse for a truck driver to hit a bicyclist lawfully in a bicycle lane. These accidents tend to happen because commercial trucks have very large blind spots.
A good truck driver should be aware of their blind spots and check them before turning or making lane changes. It is a felony to flee the scene of a truck accident that results in bodily injury or death. According to California Vehicle Code 20001, “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.” It’s important that evidence is properly collected and preserved after an accident.
Depending on the facts of any case a city could face civil liability for a bicycle accident. Cities like San Jose have a legal obligation to design, construct and maintain roads that are in a reasonably safe condition. If a road is in a dangerous condition a city could be liable for an accident under California Civil Code 835. For example, the minimum width of a bicycle lane is 1.5 meters according to FHWA regulations. If there is a history of accidents at a particular location this could point to underlying safety problems with the road.
The family of any victim that died in a truck accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can help with lost wages, medical bills and pain and suffering. Potential beneficiaries in a civil claim may include a victim’s children, spouse, parents or siblings. Unfortunately, truck companies will often fight hard to deny liability after an accident. A truck accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A San Jose Hit-And-Run Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Florencio Moreno. Any person that may have knowledge about the truck involved in this accident should reach out to the San Jose police department. This was a preventable tragedy that should not have taken place. There needs to be some accountability for the sake of the victim’s family.
Have you or someone that you care about been involved in a San Jose truck accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that accident victims are aware of their rights and that hit-and-run drivers are located and brought to justice. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.