San Jose, CA — According to KTVU, on the night of Sunday, March 31, 2024, a pedestrian was struck and killed by a vehicle near the premises of the private Harker School. It was San Jose’s 7th pedestrian fatality of 2024.
At approximately 7:30 PM authorities received word of the accident and sent emergency responders to the crash site at Saratoga Avenue, close to I-280. The driver involved in the collision remained present at the scene, cooperating with the authorities during their investigation.
Investigations indicated that a man was walking in the area when he was struck by a vehicle. Sadly, the pedestrian succumbed to his injuries at the scene.
As of now, the identity of the pedestrian has not been disclosed pending notification of his next of kin.
Pedestrian Fatalities and Wrongful Death Claims
Even in cases where criminal charges are not brought to bear, families who have lost a loved one in a fatal collision may be able to file a wrongful death claim with the insurance provider of those at fault.
The compensation provided by a wrongful death claim can relieve the financial burdens created by medical expenses, burial costs, and the loss of income to support any dependents of the deceased.
Those involved in a pedestrian crash should know that motorists are required to exercise an additional “duty of care” towards pedestrians due to their heightened vulnerability in car accidents, which more often result in pedestrian fatalities.
In cases where a driver is found responsible for a pedestrian fatality, the victim’s family may have grounds to initiate a wrongful death claim through the driver’s insurance provider.
Should the driver escape justice, compensation may be available from a family member’s uninsured driver coverage. Consulting with a personal injury attorney can help determine what the best options are.
Martin Gasparian is the founder of Maison Law, a California Personal Injury Law Firm. Martin is a graduate of Georgetown University Law School and has been practicing law in California 2004. His practice focuses on helping injury victims know their rights and recover just compensation.
