Kern County, CA (November 12, 2024) 26-year-old Emilio Garcia Mendoza was tragically killed while walking in Kern County in late October. He was identified this week.
Mendoza was walking on Highway 46 east of Kecks Road near the border of San Luis Obispo County on October 26. Around 8:41 p.m., a Lincoln Navigator driving eastbound struck him. California Highway Patrol reported that Mendoza stepped in front of the vehicle for unknown reasons, and the driver was unable to avoid him.
Mendoza, who was suspected of being under the influence, was sadly pronounced dead at the scene. The driver was uninjured and cooperated with the investigation.
Liability In a Kern County Pedestrian Accident:
California has strict laws when it comes to pedestrians. It’s important to always stop if you have struck a person on foot. Further, the driver of a vehicle that hits a pedestrian can be held liable for negligence if they were somehow impaired during the incident. Authorities consider a variety of factors when determining if negligence played a role in a crash, including:
–Distractions like talking on the phone, texting, engaging with passengers
–Extreme fatigue
–Being under the influence of drugs or alcohol
–Speeding
–Aggressive or reckless driving
Because the driver in this accident remained at the scene and was not found to be impaired, they may not be found liable for this tragic event. This is especially true because the pedestrian stepped into the vehicle’s path. However, the nuances of pedestrian laws could be used to find the driver partially responsible.
We at Accident News Now extend our deepest condolences to the family of the victim. We know this is an extraordinarily difficult time as you mourn the tragic and sudden loss of a loved one. If you have any questions about navigating the legal process surrounding this situation, please don’t hesitate to reach out to us anytime. We are here day and night, ready to ease the burden of this overwhelming and terrible event.
Have you or a loved one been impacted by this event? Our team specializes in pedestrian accidents and we are here to help. You can reach us 24/7 at (866) 945-4286 or visit our online contact form at Accident News Now.