skip to main |
skip to sidebar
Silver Creek High School
is mourning the loss of a beloved member of its sophomore class following a
fatal bike accident. Local teen Andy Martinez is the ninth person this
year to sustain fatal injuries due to a bike or pedestrian accident in the San
Jose Area. Several reports state that the 15-year-old was riding his bike
to school on Monday, May 20th when he was hit by a Ford F-150 pickup truck, a
block away from his destination.
The accident occurred at
the intersection of East Capitol Expressway and Silver Creek Road, at
approximately 7:35 a.m. Following the collision, Andy was taken to an
unidentified hospital where he later died at 8:10 a.m. due to the severity of
his injuries. Grief counselors are working with students and staff members
of Silver Creek High School to help them cope with the loss of Andy, who was
described as the life of the classroom. At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Martinez family and the Silver Creek
High School community in their time of grief.
Investigators are
working to figure out exactly how the accident occurred. According to
witnesses, Andy was heading east on East Capitol Expressway and the pickup truck was traveling north on Silver Creek Road when the two collided.
Several students confirmed that the intersection is often busy, and is known
for being dangerous for cyclists and pedestrians.
The full investigation
may reveal many details that witnesses or the parties involved may not be able
to recall. After analyzing skid marks, traffic signals, the pickup truck,
and the fixed gear bike involved, investigators may be able to determine the
cause of the accident. Investigators may find that the driver of the pickup
truck was driving recklessly or inattentively, both of which are common causes
of pedestrian and bike accidents, and would allow the driver to be held liable
for the accident. Even if the collision is found to have been an
accident, the family of Andy Martinez may have a right to obtain compensation
for several other reasons; for example, if the intersection is found to be a
dangerous.
A woman suffered life threatening injuries on Wednesday, April 24, 2013, after a
car lost control and came crashing through her kitchen wall. Several reports
state the silver BMW that caused the injury was participating in a “drag-race”,
and lost control when it collided with the car it was racing against. Both cars
participating in the illegal street race crashed.
The incident occurred near Leigh High School, on Leigh Avenue and Anne Way
around 4:00 p.m. The vehicles involved were operated by minors, both of whom are
17-years-old. The boys driving are reportedly cousins, who attend local high
schools.
A total of five people were injured in relation to the devastating crash. A
40-year-old mother was rushed to the hospital after safety personnel freed her
from under the vehicle that entered her home. The woman remains in critical
condition. A 9-year-old girl who also lives in the home was pulled from the
wreckage by neighbors. The young girl amazingly escaped the crash with only
minor scratches. Both drivers of the vehicles involved went to the hospital for
injuries, as well as three passengers.
Following their release from the hospital, both drivers were arrested, and are
now being held on felony charges for reckless driving. Fire Fighters that
reported to the scene said that they had never seen a car go that far into a
house before, and they were unable to enter the home upon first arrival because
it was not structurally safe. Safety beams had to be put in place before
investigators could enter the devastatingly damaged home.
Several neighbors and community members are outraged by the reckless act.
Unfortunately, illegal street racing is very common in the Leigh High School
Neighborhood, and families in the area constantly fear for their safety. Crashes
caused by reckless drivers have serious consequences. If a driver is found to
be at fault for a crash resulting in injury, the injured party may be entitled
to reimbursement of medical costs, income lost as a result of the injuries, and
even future medical expenses or future loss of income. Similarly, if other
property is damaged in the accident, such as the home in this situation, the
victim may be entitled to monetary compensation to repair the damaged property.
If you have suffered at the hands of a reckless or inattentive driver, let the
dedicated and experienced pedestrian accident lawyers at Matiasic Roth & Johnson LLP evaluate your claim, and fight for your right to fair compensation.
If a reckless driver has injured you or a loved one, call Matiasic Roth & Johnson LLP for a free case evaluation and consultation.
