Cheryl Bowling Killed In Oildale Car Accident While Crossing North Chester Avenue and China Grade Loop In A Wheelchair
BAKERSFIELD, CALIFORNIA (April 28, 2022) – A woman in a wheelchair identified as Cheryl Bowling has tragically died in a Oildale truck accident by North Chester Avenue and China Grade Loop.
Kern County police officials are saying that the accident took place around 8:00 p.m. on Monday. Cheryl Ann Bowling was crossing the street in a wheelchair when she was hit by a truck turning right.
Firefighters and paramedics were called to the scene of the collision in order to help the victim. Despite life-saving measures, Cheryl Bowling died due to the severity of her injuries.
The driver of the truck remained at the scene and cooperated with police. Kern County police officials are asking anyone that may have witnessed the crash that killed Cheryl Bowling to reach out to them.
A full investigation into the collision remains ongoing at this time.
Liability In Oildale Car Accidents
Thousands of pedestrians are killed or seriously injured every year in the United States. According to a report by MinnPost, “Each year in the U.S., about 5,000 pedestrians — in and out of wheelchairs — are killed and another 76,000 are injured in crashes on public roads.” Pedestrians in a wheelchair are 36% more likely to be involved in a collision than other pedestrians, according to the journal BMJ Open. There are a number of factors that can contribute to a collision with a pedestrian in a wheelchair.
- Pedestrian infrastructure at crosswalks is poorly adapted for people with impaired mobility. Traffic engineers tend not to focus on people with disabilities.
- Pedestrians in wheelchairs tend to be less visible than other pedestrians. In about 15% of accidents involving a pedestrian in a wheelchair, the driver reported not seeing the victim before the collision.
- Many intersections are poorly lit. Better lighting at intersections can help make pedestrians in wheelchairs and everyone else more visible.
All drivers have a legal obligation to exercise due care in order to avoid hitting pedestrians. According to California Vehicle Code 21950, the driver of any vehicle shall yield the right of way to any pedestrian crossing within any marked or unmarked crosswalk at an intersection. Drivers must also yield to pedestrians or vehicles close enough so as to pose a hazard before making a turn onto a different road. If the driver of a vehicle hits a pedestrian after driving through a yield sign without yielding, this may be a prima facie demonstration of their negligence.
Depending on the facts of any case, liability for a collision could extend beyond any driver. The company that a truck driver worked for could be held at fault if they hit someone. In general, companies are liable for the negligent actions of their employees – insofar as those employees were working within the course and scope of their job duties. However, many businesses will try to evade liability for truck accidents by hiring their drivers as “independent contractors.”
A city could also potentially be liable for a pedestrian accident. According to California Government Code 835, a public entity may be liable for a dangerous condition on their property. However, the public entity must have had actual or constructive notice of the dangerous condition. When there is a history of collisions at a particular intersection or road, this could point to an underlying defect. There are a number of ways that an intersection could be in a dangerous condition.
- An intersection may lack adequate signs or traffic signals to regulate traffic.
- An intersection may have its line of sight obstructed by foliage or buildings.
- An intersection may have potholes that cause a bicyclist or wheelchair rider to fall.
The family of any victim that died in a collision may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover many of the expenses that can come with the sudden loss of a loved one. Sadly, cities and truck drivers will fight hard to deny any responsibility for a pedestrian accident. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Bakersfield Truck Accident
We at TorkLaw extend our deepest condolences to the family of Cheryl Ann Bowling. Any person that may have more information about what happened should reach out to police. There are a number of questions that need to be answered. Was the driver involved in this collision distracted? Is there a history of collisions at this intersection?
Do you need more information about a Bakersfield truck accident? Our team of disability rights advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into a crash we are here for you. You can reach out to us anytime at (888) 441-4991.
