Rudy Estorga Accident: 23-Year-Old Victim Died In Car Accident After Hitting Steel Bridge Railing On San Jose 280 Highway
SAN JOSE, CALIFORNIA (November 2, 2018) A 23-year-old identified as Rudy Estorga Jr. has tragically died in a car accident after hitting a steel bridge railing and then being struck by several other cars.
According to the California Highway Patrol, Rudy Estorga was driving a black Mitsubishi in the Northbound lanes of the Highway 280 when he hit the railing on a steel bridge. He was then hit by a red Toyota and a red Nissan.
The victim exited his vehicle and was then hit by another Nissan which dragged him onto the right shoulder of the highway. Emergency medical workers rushed to the scene of the accident in order to help the victim.
But he was later pronounced dead due to major injuries. Alcohol is not believed to have played a role in the crash.
Liability In Car Accidents That Take Place In The Clear Zone
There are a number of entities that may face civil liability for the tragic car accident that killed Rudy Estorga. Of course, the other drivers may face liability for their role. Drivers have a responsibility to maintain a safe distance with the vehicle in front of them. If a driver rear-ends another car that is fairly strong evidence that they were either traveling too fast or not paying adequate attention to the road ahead of them. In addition to driver negligence, there may also be negligence on the part of a city if a driver hits a rigid object on the side of the road.
Cities like San Jose and the state of California have a responsibility to design, construct and maintain roads that are reasonably safe. This includes creating a “clear zone” along the sides of highway roads. According to the Manual on Uniform Traffic Control Devices (MUTCD), the clear zone is the “The total roadside border area, starting at the edge of the traveled way, that is available for an errant driver to stop or regain control of a vehicle. This area might consist of a shoulder, a recoverable slope, and/or a non-recoverable, traversable slope with a clear run-out area at its toe.”
Clear zones are important because they allow space for errant vehicles to travel off the road and recover safely. Generally speaking, clear zones along the highway should be free of fixed rigid objects like steel structures. A driver could hit one of these objects and become seriously injured or killed. Where fixed rigid objects are necessary, a guardrail should be placed around them as a protective barrier. A car accident attorney that understands road design defects can evaluate the specific facts of your case and let you know what your rights are.
Preserving Your Rights After A Car Accident
We at West Coast Trial Lawyers extend our condolences to the family of Rudy Estorga as they are going through such a difficult time. We encourage anyone that may have seen what happened to contact the California Highway Patrol as they continue their investigation. There needs to be a thorough investigation into what happened for the sake of all of those involved. Traffic engineers should carefully examine the accident scene to determine if this area is in a dangerous condition.
If you or someone that you love has been injured or killed in a car accident in San Jose you may have legal recourse. Our team of highly experienced personal injury attorneys can examine the facts of your case and let you know where you stand. We have the resources and knowledge to get to the bottom of what happened and we focus exclusively on personal injury law. Whether you are looking to get a police report after an accident or just have questions about your rights we are here for you. You can reach us anytime at (888) 888-9285.
- Patch. Fatal Victim Dragged By Car In Multi-vehicle Crash Identified. October 29, 2018.
- Cornell University. What is a clear definition of a “Clear Zone”? 2018