Bakersfield, CA, October 4 – A person riding a scooter was killed in a crash with a vehicle in Bakersfield, according to the California Highway Patrol (CHP). The CHP’s account describes a fatal collision in which a pedestrian on a scooter was struck by a vehicle. Authorities have released limited details, and the crash is still under investigation. This post is based only on the information released to date.
Bakersfield Pedestrian on Scooter Killed in Airport Drive Crash
The crash happened on a Sunday afternoon, at about 4:20 p.m., on Airport Drive at El Tejon Avenue. Police said the pedestrian, who was riding a scooter, was crossing the road when the vehicle failed to stop and struck them. The crash was fatal, and the Kern County Coroner’s Office was notified and expected to respond for further investigation.
The crash remains under investigation, and an evidence tow was requested. An evidence tow generally moves a vehicle to a secure location so it can be examined as part of the case. A coroner’s review is usually separate from the traffic investigation and centers on the person who died. No timeline for completing the investigation has been given.
Several points remain unconfirmed. The cause of the crash has not been determined, and no details about the driver or the vehicle’s speed have been released. It is also not yet clear why the vehicle did not stop, and this report does not name the person who died. Further information will depend on the investigation.
Lane splitting, and what the Vehicle Code actually says
Vehicle Code section 21658.1 defines lane splitting and authorises the California Highway Patrol to develop educational guidelines for it. What matters after a crash is the distinction the section draws: lane splitting is not prohibited in California, and not prohibited is not the same thing as legal.
The practical effect is that a rider who was lane splitting has not broken a rule by doing so, and an insurer that treats lane splitting as automatic fault is asserting something the statute does not say. Fault still turns on how each party behaved, the same as in any other collision.
The deadline that applies to a claim like this one
Code of Civil Procedure section 335.1 gives two years for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. The same two years covers an injury claim and a death claim; there is no separate, shorter period because someone died.
Who is entitled to bring a claim when someone is killed
Code of Civil Procedure section 377.60 decides who may bring a wrongful death action. The first group is the surviving spouse, domestic partner, children and the issue of deceased children, or, where there is no surviving issue, whoever would take the estate by intestate succession.
A second group may bring the action only if they were financially dependent on the person who died: a putative spouse and their children, stepchildren, parents, and the legal guardians of the person who died where the parents are deceased. Parents are in that second group, which is the part families are most often surprised by, because dependency has to be shown rather than assumed.
Talking to someone about it
Culver Legal represents people injured in collisions across California. A conversation about what happened costs nothing, and we work on a contingency fee, which means there is no fee unless we win. If we do not win, we do not pass the case costs on to you either.
Nothing on this page is legal advice about any particular case, and the facts of a reported collision often change as the investigation continues.
