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FRESNO: Eloy Escareno and Maribel Escareno Injured In Car Accident By Highway 180 and Bethel Avenue


Oct 30, 2018

Eloy Escareno Accident: Fresno Police Officer, His Wife Maribel Escareno and Their Children Were Injured In Car Accident By Highway 180 and Bethel Avenue

 FRESNO, CALIFORNIA (October 29, 2018) A Fresno Police Officer identified as Eloy Escareno and his wife Maribel Escareno were injured in a car accident after another driver ran a red light and broadsided their SUV.

Eloy Escareno and his wife Maribel Escareno both sustained major head trauma in the car accident. Their children were able to survive the crash. However, their six-year-old suffered a brain bleed.

According to Police Chief Dyer, “Both of them were seriously injured, but the head trauma that she has now experienced is what’s causing the complications.” The Fresno police officer was turning left on Highway 180 from Bethel Avenue when they were struck by a driver headed eastbound.

The family were on their way to church when the car accident took place. Police are saying that the driver that hit the family’s SUV was not cited.

In addition to a serious brain injury, Officer Eloy Escareno’s spleen had to be removed after the Sanger crash. Several of his ribs were broken and he nearly bled to death.

There has been a history of problems in the area where the accident took place. In the past year alone, officers have responded to 42 separate crashes along an 8 mile stretch of road. Investigators are saying that most of the problems are occurring at intersections.

What Causes Intersections To Be Dangerous

It has been estimated that nearly 35,000 people die every year in car accidents and millions more are injured. Driver negligence is the main culprit, but defects in a roadway or intersection may also contribute to accidents. Roadways should be properly designed and maintained in order to prevent the likelihood of accidents. Here are just a few of the factors that a government entity should consider when planning and constructing a road.

  • The way that an actual road is built is of critical importance. Traffic engineers should make sure that turns are not too sharp for vehicles. Curves should be banked in order to keep vehicles on the road and lanes should allow for water drainage. Likewise, the sides of roads are also very important. Highway roads should have a “clear recovery zone” that is free of rigid objects that an errant vehicle may strike. Guardrails should be placed over solid structures that need to be by the road.

  • Drivers need to be able to make informed decisions in order to stay safe. In order to facilitate this roads should have adequate signs, signals and pavement markings. The Manual on Uniform Traffic Control Devices (MUTCD) provides cities with detailed guides about where signs should be installed.

  • The car accident that injured Eloy Escareno and his family is far from an anomaly. It’s been estimated that nearly 40% of all accidents happen at intersections. An intersection should have an adequate line of sight in order to allow drivers to make informed decisions. Obstacles like buildings, trees or parked vehicles can all obscure an intersections line of sight and make it dangerous.

A victim of a car accident at a dangerous intersection may sustain traumatic injuries.  For example, broken bones, spinal cord injuries and brain injuries are all very common in broadside accidents. A brain injury lawyer can conduct an analysis of an intersection to determine if it was a contributing factor for a crash. Victim’s may be able to file a negligence claim against the city in order to be compensated for lost wages, medical bills and pain and suffering.

Liability In Accidents At Dangerous Intersections

There are a number of parties that may face civil liability for the tragic car accident that injured Eloy Escareno, Maribel Escareno and their children. First, the driver may certainly face liability for running the red light. But city officials could potentially face civil liability as well. Generally speaking, cities have a legal obligation to keep the roadways reasonably safe. According to California Government Code 835:

“Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.”

Moreover, when a city in California is given constructive notice about a dangerous condition with the roadway they must take steps to correct the problem. Likewise, when there is a history of accidents on a stretch of road this is a red flag for city officials. A history of accidents indicates that something may be wrong  with the road. If city officials fail to fix a dangerous road, they may face civil liability. There are reports that there have been 42 separate crashes along the stretch of road where the Fresno police officer’s family was hit. That is a huge problem and something investigators will need to look into.

Getting An Accident Report After A Crash At A Dangerous Intersection

We at West Coast Trial Lawyers Extend our thoughts and prayers to Officer Eloy Escareno, his wife Maribel Escareno and their children. It is our sincere hope that measures are put in place to make this intersection safer. City officials in Fresno County need to take notice of what has happened and help make things right. It is completely unacceptable that there is one stretch of road with so many accidents. If action is not taken more innocent people will be seriously injured or killed.

If you or someone that you love has been injured in a car accident on a dangerous road you may have legal recourse. Our team of highly experienced personal injury lawyers are here to help. We can conduct a thorough investigation into any road that may potentially have actionable design defects.  We focus exclusively on personal injury law and have been helping families for over 40 years. Whether you are looking to get an accident report after an incident or just have questions about your rights we are here for you. You can call us anytime at (888) 888-9285.

Sources:

  1. Fox 26. Fresno Police Officer, wife in hospital after crash. October 28, 2018.
  2. Wolf. Road Design & Defects. 2018
  3. Sara Peters. The Dangerous Roadway Case. September 2016

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