As the family of Brayan Trejo, the 5-year-old boy struck and
killed by a pick-up truck while he was in a crosswalk at Tenth and
Church streets in June, takes the first steps to sue the city,
we’re left to wish that Gilroy was in a better position to defend
itself.
As the family of Brayan Trejo, the 5-year-old boy struck and killed by a pick-up truck while he was in a crosswalk at Tenth and Church streets in June, takes the first steps to sue the city, we’re left to wish that Gilroy was in a better position to defend itself.
The family has, no doubt, already heard the cold but reasonable calculations of insurance adjusters, lawyers and actuaries on the monetary value of young Brayan’s life.
Of course, no amount of money can replace the life of a child, the untapped potential that Brayan represented, the joy he brought to his loved ones.
Some wonder why – given that Brayan’s death was in a marked crosswalk – his family is suing the city instead of the driver behind the wheel of the truck that June day, Robertina Franco. She recently pled no contest to vehicular manslaughter and is awaiting sentencing.
But as Gilroyans, it’s difficult to overlook these factors:
n Many people believe that the 10th and Church intersection, 13th on the city’s list of 50 most dangerous intersections, has long needed a left-turn signal. After Brayan’s death, that project is on a fast track.
– Until recently, the Gilroy Police Department had been without a traffic enforcement officer for more than a year. No one was assigned to the slot until after three pedestrian deaths in four months in Gilroy. Brayan was the first of those deaths, two of which took place near GUSD schools.
– Despite those deaths, city officials recently advised Gilroy Unified School District officials not to seek grants that would help it create safe routes to school.
These are reasonable – not extraordinary – steps to improve traffic safety in Gilroy.
Yes, Ms. Franco bears ultimate responsibility for young Brayan’s tragic death.
But if this case goes to trial, a jury will perhaps be sympathetic to claims that the city ignored and fostered unsafe traffic conditions. And those factors may influence the jury’s damage calculations.
As taxpayers, but more importantly, as residents who walk and drive along Gilroy’s sidewalks and streets, the city – deep pockets or not – should do everything it can to make our streets and sidewalks safe so that tragedies can be avoided as much as possible.
Accidents will happen. People will violate pedestrian safety rules. Drivers will be distracted for a few critical moments. We’ll never eliminate human error.
But let’s do whatever we reasonably can to minimize those risks and to make walking and driving in Gilroy safer.
