(Bakersfield, CA) A California Avenue DUI collision resulted in the death of 8-year-old Xxavian Hernandez, and his father injured on Monday afternoon, November 3.
According to the Bakersfield Police Department, the crash occurred near the intersection of East California Avenue and Haley Street. Upon investigationg, authorities said a black Nissan pickup veered off the roadway. Shortly after, it plowed through a fence and struck the area where the victims were eating near a food truck.
Xxavian was rushed to a hospital but died the following morning from his injuries. His father was hospitalized with moderate injuries, police said. Witnesses described a chaotic scene as bystanders tried to help.
Officers arrested Andres Serna, 33, on suspicion of six felony charges related to the crash. Investigators said Serna has two prior DUI convictions.
Xxavian’s family set up a GoFundMe page to help cover funeral expenses.
Overview on the California Avenue DUI Collision
In cases like this, the DUI Causing Injury or Death Law is the primary statute under review. It makes it a felony to drive under the influence of alcohol or drugs and cause injury or death to another person. Because the driver had prior DUI convictions, prosecutors may seek enhanced penalties under this law.
The Reckless Driving Law may also apply. It prohibits operating a vehicle with willful or wanton disregard for the safety of persons or property. Crashing through a fence into a populated area would likely qualify as reckless conduct under the statute.
Additionally, the Gross Vehicular Manslaughter While Intoxicated Law may be considered if investigators confirm impairment caused the fatal collision. This statute carries significant prison sentences for repeat offenders whose intoxicated driving results in a death. Together, these laws will guide the legal process surrounding the California Avenue DUI collision.
Support for Xxavian’s Family
If you are related to Xxavian Hernandez, you should remain in contact with the Bakersfield Police Department and the Kern County District Attorney’s Office for updates on the criminal case and upcoming court proceedings. Requesting the official collision report can help provide clarity about how the crash occurred.
When the time feels right, consider speaking with an attorney experienced in wrongful-death and DUI cases. They can explain your family’s rights and help ensure accountability through both civil and criminal channels.
Most importantly, allow yourself time to grieve and seek support. Lean on loved ones, faith groups, and local counseling or victim-support services in Bakersfield as you process the loss of a child and the trauma this tragedy has caused.
If you have any concerns about navigating the legal process surrounding this incident, call 866-883-4318 to speak with a lawyer.
