Modesto, CA, October 15 – A 58-year-old Modesto man suffered major injuries when the nonmotorized scooter he was riding was struck by a westbound 2002 Honda sedan at the intersection of Boulder Avenue and Hatch Road on Friday night, according to the California Highway Patrol. He had been crossing from the north side of the road to the south. He was taken to a hospital, while the driver of the sedan remained at the scene and was not injured.
Modesto Scooter Rider Suffers Major Injuries in Hatch Road Crash
The collision was reported at about 8:35 p.m. on October 9 in the area of Boulder Avenue and Hatch Road, according to the California Highway Patrol. The man was identified as Rodney Abel, 58, of Modesto. Abel was ejected from the scooter by the force of the impact and was not wearing a helmet at the time, officials said.
The driver of the sedan was identified as Zaki Itehad, 49, also of Modesto. He was not injured in the crash and remained at the scene afterward. According to police, alcohol and drugs were not suspected to have played a role in the collision. The Modesto Police Department is continuing to investigate the circumstances that led to the crash.
Investigators have not released additional details about what led to the collision. It is not yet known whether any citations will be issued in connection with the crash. The extent of Abel’s injuries beyond being described as major has not been disclosed, and further updates are expected as the Modesto Police Department’s investigation continues.
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.
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.
