Sunday, January 24, 2010

Madera Man Killed after Diving Off Highway 101to Avoid Collision

The Santa Clara Medical Examiner’s office identified the victim of the 101 car accident who died after diving out of the way of an out-of-control car and fell 30 feet onto a bike path.

According to reports, Abundido Prudente, 32, from Madera and another person exited their car after being involved in a single-vehicle spinout on Highway 101.

As they exited the car, they noticed another vehicle heading towards them.
Prudente jumped out of the car’s path but ended up falling over the freeway and onto the Coyote Creek bike trail.

It took firefighters about an hour to finally rescue Prudente due to the bad weather.

He was brought to the Regional Medical Center of San Jose where he died two hours later.

The family of Prudente should consult a car accident attorney abut filing a wrongful death lawsuit against the other driver.

Although Prudente died as a result of the fall and not because of the collision, the attorney should be able to prove that his death is still proximately caused by the out of control car.

Proximate cause deals more with probabilities where you prove that the death would not have happened if not for the actions of the liable party.

So the attorney’s job is to prove that Prudente’s death would not have happened if not for the negligent driving of the other driver.