Fresno, CA – On the evening of Sunday, January 26, 2025, a suspected DUI collision resulted in the death of a pedestrian identified by the Fresno County Coroner’s Office as 45-year-old Gabriel Zarate of Selma, according to The Fresno Bee.
The Fresno Police Department reports that the accident took place around 9:20 PM at the intersection of Herndon and Blackstone Avenues.
Officers arrived to find Zarate critically injured on the sidewalk after being hit by an eastbound vehicle. Emergency responders administered life-saving measures before transporting him to Saint Agnes Medical Center, where he was later pronounced dead.
Investigators determined Zarate had been crossing all six lanes of Herndon Avenue when he was struck by a vehicle driven by Lori Bagdasarian, who remained at the scene. Bagdasarian displayed signs of intoxication and was arrested on misdemeanor DUI charges but was later cited and released.
The intersection was closed for several hours as authorities conducted their investigation, causing significant traffic disruptions.
The Fresno Police Department continues to investigate the circumstances surrounding the collision.
California DUI Law
Section 23153(a) of the California Vehicle Code (CVC) states that it is illegal for any driver to “Operate a vehicle under the influence of alcohol or drugs and, as a result, cause bodily injury to someone else.”
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. Should that be the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
If you or someone you love was harmed in an accident like the one described here, feel free to contact Maison Law for any questions or to receive a no-cost, no-obligation case assessment.