San Jose, CA – A pedestrian was killed late Sunday night, January 12, 2025, in San Jose after being struck by a vehicle. The driver was arrested shortly after leaving the scene, according to NBC Bay Area.

At around 10:50 PM, officers responded to a report of an accident involving a pedestrian at the intersection of Lincoln Avenue and Lonus Road. 

Investigators say the driver, a man operating a 2014 white Acura SUV, was traveling northbound on Lincoln Avenue when he struck the pedestrian, who was crossing outside of any marked crosswalk.

The pedestrian was transported to a nearby hospital, where he later succumbed to his injuries. Police located the driver as he was leaving the scene and arrested him on suspicion of DUI. He was booked into the Santa Clara County Main Jail on charges of driving under the influence and gross vehicular manslaughter.

This incident marks the second fatal collision and second traffic-related death in San Jose this year, and it also represents the second pedestrian fatality.

The identity of the deceased pedestrian has not been released pending family notification.

 

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.”

 

California Hit-and-Run Laws

California Law requires drivers involved in a collision to stop their vehicle, notify law enforcement, and exchange insurance information with others involved. Failure to do so, considered to be a “hit-and-run,” is a misdemeanor in cases of property damage and a felony when someone has been injured.

 

Pedestrian Fatalities and Wrongful Death Claims

Drivers have a 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. 

Should the at-fault driver avoid 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.

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.