Tulare County, CA – A 50-year-old Cutler man identified as Marin Apodaca was struck and killed early Friday morning, September 27, 2024, while helping to clear debris from a previous crash on Highway 63, according to ABC30.
The incident occurred just before 6 AM on Highway 63 near Avenue 392, a rural stretch just south of Cutler.
The California Highway Patrol (CHP) reports that a truck had been rear-ended while attempting to make a left turn. In an effort to help, Apodaca, who was on his way to work with his wife, pulled over and began clearing plywood debris from the road.
While Apodaca was on the roadway, a passing 2016 Toyota struck him. Despite immediate efforts to save him, including CPR performed by the driver of the Toyota, Apodaca was pronounced dead at the scene.
The driver of the Toyota remained at the site and cooperated with authorities. One person involved in the initial crash was hospitalized. CHP investigators confirmed that neither drugs nor alcohol appeared to be factors in the crash.
Apodaca’s family is heartbroken by the loss. His sister, Angela Reyes, shared memories of her younger brother, describing him as a kind, adventurous man who loved the outdoors and was always willing to help others. He had recently celebrated his 50th birthday in May and had been married for 25 years. Apodaca leaves behind his wife and four children, including a five-year-old son.
A GoFundMe has been set up by the family to help with funeral expenses.
Pedestrian Fatalities and Wrongful Death Claims
Drivers have a specific “Duty of Care” towards pedestrians, who are particularly vulnerable in traffic accidents. This responsibility includes being vigilant for pedestrians near the roadway and, if a fatal collision occurs, staying with the victim, alerting emergency responders, and cooperating with authorities investigating the crash.
For those who lose a loved one in a pedestrian accident, filing a Wrongful Death claim with the assistance of an experienced attorney can provide compensation for medical bills, funeral costs, and other related damages.
If the at-fault driver avoids legal consequences, compensation might still be available through a family member’s uninsured driver coverage. Consulting with a personal injury attorney can help determine the best options in such cases.
Failure to Yield
In California, as in other states, “failure to yield” means that you didn’t give the right of way to the right person at the right time. As such, failure to yield or stop is closely related to the “right of way.” When a motorist fails to yield, stop or otherwise avoid an accident and causes a crash, he or she can be held liable for injuries and damages suffered by a victim.
