Urbano Murillo Jr. Dies in Oildale Hit-and-Run Accident
Deadly hit-and-run occurred near East Norris Road, CHP says
Urbano Murillo Jr., 39, of Shafter, was killed in a hit-and-run pedestrian crash on Manor Street in Oildale, Kern County, California, on Wednesday morning, according to the California Highway Patrol.
Murillo was walking in an unknown direction on Manor Street, south of East Norris Road, when an unidentified vehicle struck him. The driver fled the scene in an unknown direction, according to CHP.
Emergency crews responded to the 1300 block of Manor Street. Murillo was pronounced dead at the scene. The hit-and-run remains under investigation by the agency.
The loss of a loved one in a hit-and-run pedestrian crash leaves families searching for answers and accountability. The pain and uncertainty can be overwhelming, especially when the at-fault driver flees the scene.
National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "The driver who hits a pedestrian and flees the scene risks even more severe penalties, including jail time. It is imperative that the at-fault driver is brought to justice and held accountable for their actions."
What do investigators look for in hit-and-run pedestrian crashes?
Investigators in hit-and-run cases like this one often focus on gathering evidence at the scene, such as vehicle debris, surveillance footage from nearby businesses, and witness statements. They also analyze the point of collision and the victim's injuries to determine the vehicle's type and direction of travel. These efforts are important in identifying the fleeing driver.
Pedestrian fatalities from hit-and-run incidents remain a serious concern. Fleeing drivers often leave victims without immediate medical attention.
What are the legal options for families of hit-and-run victims?
Families affected by hit-and-run crashes can pursue a wrongful death claim to seek compensation for their losses. This can include funeral expenses, loss of consortium, and emotional distress. An experienced attorney can help handle the complexities of these cases, even when the at-fault driver is unidentified. They can work to uncover all potential avenues for recovery, including uninsured drivers coverage.
California wrongful death statute
California law allows certain family members to file a wrongful death claim when a person dies due to the negligent or wrongful act of another. Under California Code of Civil Procedure § 377.60, eligible parties typically include the deceased's surviving spouse, domestic partner, children, and in some cases, other dependents or heirs. These claims seek to recover damages for losses suffered by the survivors as a result of the death.
Bond noted that "In pedestrian crashes, families often seek compensation for medical expenses, funeral costs, lost earning capacity, and emotional distress." Damages in a wrongful death claim can encompass both economic losses, such as lost financial support, and non-economic losses, including loss of companionship, comfort, and affection.
Comparative fault in California
California follows a pure comparative negligence system, as outlined in cases like Li v. Yellow Cab Co. This framework permits a plaintiff to recover damages even if they are found to be partially at fault for the crash. However, any awarded compensation would be reduced in proportion to the plaintiff's assigned percentage of fault. For instance, if a pedestrian was found 20% responsible for an accident, the damages awarded to their family would be reduced by 20%.
Statute of limitations under California law
A wrongful death claim in California must generally be filed within a specific timeframe known as the statute of limitations. Under California Code of Civil Procedure § 335.1, such claims typically have a two-year deadline from the date of the person's death. Failure to file a claim within this period may result in the loss of the right to pursue compensation. There can be limited exceptions to this rule, which may extend or toll the filing period under specific circumstances.