SAN JOSE—In the early hours of Thursday, October 16, 2025, a pedestrian lost his life after being struck by a garbage truck, according to KRON.
The San Jose Police Department reports that the collision occurred around 4:05 a.m. in the 2800 block of Bascom Avenue, near the intersection with Shamrock Drive.
Investigators determined that a blue 2020 Peterbilt garbage truck, driven by a man traveling west on Shamrock Drive, was turning into the rear alley of a strip mall when it struck a person lying in a driveway covered in blankets.
The victim, an adult male, was transported to a local hospital, where he later died from his injuries. The truck driver remained at the scene and cooperated with responding officers.
Police said this incident marks San Jose’s 29th fatal collision and 29th traffic death of 2025, including the city’s 14th pedestrian fatality this year.
The Santa Clara County Office of the Medical Examiner will release the victim’s identity once the next of kin are notified.
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 subject to only partial liability 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.
Pedestrian Fatalities and Wrongful Death Claims
Drivers have a Duty of Care towards pedestrians, which includes being vigilant for those travelling by foot and, if a collision occurs, staying with the victim, alerting emergency responders, and cooperating with authorities investigating the crash.
For those who lose a loved one in a pedestrian accident, filing a Wrongful Death claim with the assistance of an experienced attorney can provide compensation for medical bills, funeral costs, and other related damages.
You can learn more about California Wrongful Death Law here.
