Bakersfield, CA – The Kern County Coroner’s Office has identified the pedestrian killed in an accident on Wednesday, October 16, 2024, on South King Street as 84-year-old Fernando Benitez Espinosa of Bakersfield, according to KBAK.
The incident occurred around 7:29 PM near Union Cemetery on Potomac Avenue and South King Street. Bakersfield police were called to the scene after a report that a driver had struck a pedestrian.
When officers arrived, they found Espinosa suffering from major injuries in the 400 block of South King Street. Despite immediate efforts, he was pronounced dead at the scene.
According to the police investigation, Espinosa was crossing the road outside of a marked crosswalk when he was hit by a green pickup truck heading southbound on South King Street. The driver remained at the scene and fully cooperated with authorities.
A GoFundMe page was created to help with funeral expenses, where loved ones described him as “strong and mighty,” reflecting on the long and independent life he lived. “He was stubborn, but so hard not to love, and carried a special place in our hearts,” one family member shared through the fundraiser.
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.
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
