Javier Lopez Oxnard: Javier Lopez, 45, Killed In Oxnard Semi-Truck Accident While Riding Bicycle Near East Wooley Road And Saviers Road
OXNARD, CALIFORNIA (October 11, 2019) – A 45-year-old bicyclist identified as Javier Lopez has tragically died in a semi-truck accident on East Wooley Road near Saviers Road.
Oxnard police are saying that the accident took place around 11:30 a.m. on Thursday. Javier Lopez was traveling on East Wooley Road when he was struck by a 2019 Freightliner tractor-trailer.
The driver of the semi-truck did not stop to render aid to the victim and kept going. Oxnard police were eventually able to catch up to the 55-year-old semi-truck driver.
He told police that he was unaware that he had struck Javier Lopez. He cooperated with police and there have not been any arrests made at this time.
So far this year there have been a total of three bicyclist fatalities and seven pedestrian deaths in Oxnard. An investigation into the truck accident on East Wooley Road that killed Javier Lopez remains ongoing.
Liability In Oxnard Semi-Truck Accidents
Truck drivers have a legal obligation to remain at the scene of an accident that results in bodily injury. 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.” There are a number of reasons why a truck driver may flee the scene of an accident:
- Lack of insurance
- Driving under the influence
- Prior convictions, driving while on probation
- Attempting to avoid liability in the absence of witnesses
- Fear of going to jail
In some situations, however, a semi-truck driver may not realize that they hit a pedestrian. For example, they might just clip the end of a bicyclists handlebars causing an accident. This is particularly likely given how large a truck’s blind spots can be.
It’s never a good sign that a truck driver was unaware that they hit a pedestrian or bicyclist. 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.” Truck drivers are supposed to keep an eye out for pedestrians and check their blind spots to make sure that they don’t hit anyone.
Many truck companies are considered “common carriers” under the law. They are therefore held to a very high standard in terms of safety. According to Judicial Council of California Civil Jury Instructions, “Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers[or property].”
Commercial trucks tend to come equipped with event data recorders (EDRs). According to Consumer Reports, “Event data recorders track vehicle data such as speed, acceleration, braking, steering, and air-bag deployment before, during, and after a crash.” Investigators will typically use information along with accident reconstruction in order to determine liability. Even in the absence of surveillance footage or eyewitness testimony EDRs can really help piece together what happened. When a truck driver hits a bicyclist they may face civil liability for the crash.
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 cover funeral expenses, lost wages, medical bills, emotional trauma and loss of love. Potential claimants according to the statute may include a victim’s spouse, children, parents or siblings. A truck accident attorney can examine all of the facts of your case free of cost and get you the answers that you deserve.
Investigating An Oxnard Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Javier Lopez. Any person that may have seen the accident should reach out to the Oxnard police department. There needs to be a thorough investigation into the conduct of the truck driver leading up to and following the accident. It is our sincere hope that measures will be put in place to help prevent accidents like this in the future.
Have you or someone that you care about been involved in a truck accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights and that proactive steps are being taken to make our roads safer. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 888-9285. Se Habla Español.