San Jose, CA—On Tuesday, October 8, 2024, a pedestrian who was seriously injured in a collision this summer passed away from his injuries, according to KRON.
The accident occurred on July 25 around 10:30 p.m. in the area of Blossom Hill Road and Snell Avenue, a busy intersection in the southern part of the city, known for its mix of residential and commercial spaces.
Investigators revealed that a 2019 red Dodge Charger, driven by a man heading south on Snell Avenue, was making a left turn onto Blossom Hill Road when it struck a man crossing the street outside of a marked crosswalk.
The pedestrian suffered severe injuries and was immediately transported to a local hospital. Due to the seriousness of his condition, he was later transferred to long-term care. Sadly, on October 8, the pedestrian passed away, and police were notified on Thursday, October 17, 2024.
His death marked the 44th fatal collision and 44th traffic-related death in San Jose this year. Of particular concern is that this incident contributes to a rising toll of pedestrian fatalities, with this being the 17th such death this year.
Pedestrian Fatalities and Wrongful Death Claims
Drivers have a specific “Duty of Care” towards pedestrians, who are particularly vulnerable in traffic accidents. This responsibility includes being vigilant for pedestrians near the roadway and, if a fatal 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.
If the at-fault driver avoids legal consequences, compensation might still be available through a family member’s uninsured driver coverage. Consulting with a personal injury attorney can help determine the best options in such cases.
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. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
