Fatal Head On Collision on 5 Freeway Victim Identified as Benjamin Hernandez De La Cruz
Last week, a head-on collision on the I-5 Freeway in Sacramento left one dead in a tragic center median cross over accident. The victim who has been identified as 32-year-old Benjamin Hernandez De La Cruz was on the southbound 5 freeway, near Twin Cities Road, when for an unknown reason crossed over the center median and into the northbound side of the 5 freeway. A car driving on the northbound 5 freeway couldn’t avoid the collision and struck the car De La Cruz was driving sending both cars off to the shoulder of the freeway..
UNKNOWN REASON FOR CROSSING OVER MEDIAN
While an investigation is ongoing by the CHP, it is unclear as to why De La Cruz lost control of his car and crossed over the center median. These are not uncommon types of cases and in some instances the State, County or City can be responsible for not properly maintaining the area to make sure that center medians are installed to prevent this exact type of accident. We can only speculate at this point why De La Cruz crossed over the median, but there are an unlimited number of possible situations as to why.
WHY SAFETY MEASURES ARE NEEDED AND THE GOVERNMENT IS RESPONSIBLE FOR SAFETY PRECAUTIONS
This topic has been discussed at length and you can read more about dangerous conditions and changed conditions for which government agencies such as CalTrans are responsible for maintaining. This particular type of situation would be one in which a government agency could be held legally responsible for the tragic wrongful death if one could overcome the various governmental immunity for liability. This is a highly complex area of the law and you should immediately consult with a law firm if you or a loved one is faced with a similar situation.
FREE LEGAL CONSULTATION BY THE TORKZADEH LAW FIRM
With more than 35 years of combined legal experience, The Torkzadeh Law Firm provides free, no obligation, legal consultations to victims and families of those who have been seriously injured or killed in accidents. Should you have any questions, we are available 24/7 to help.
IMMEDIATE INDEPENDENT INVESTIGATION
It is important that after an accident like this one, an immediate investigation begin. An experienced law firm will want to find and preserve important evidence, identify and interview witnesses and being to look into the causes of the crash beyond just waiting for the police report to come out. Often times, the police report will never be as complete and thorough as a private investigation done by a law firm that has the experience in handling catastrophic injury and wrongful death cases. The Torkzadeh Law Firm has assembled a team of experienced legal professionals, private investigators, accident reconstructionist, doctors and engineers in the investigation and handling of its cases.
AN EXAMPLE OF WHEN THE GOVERNMENT IS RESPONSIBLE IN CENTER MEDIAN CASES
Sometimes the approval of a condition becomes dangerous over a period of time. For instance, the failure to build a concrete median between opposite lanes of traffic separated by a grass median was found to be a dangerous condition of property, as over the years a number of accidents in which a car had slid across the grass median into oncoming traffic had occurred. Failing to erect a cement or steel-reinforced barrier to protect vehicles from skidding off the road on a sharp, steep off-ramp has also been found to constitute a dangerous condition of property.
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