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Fatal Pedestrian Crash on Hwy 101, Oakland Rd in San Jose

San Jose, CA — According to CBS Bay Area with additional reporting from the Mercury News, early on Thursday, March 28, 2024, on U.S. Highway 101, a pedestrian was hit and killed by a vehicle near Oakland Road.

The incident, reported by the California Highway Patrol (CHP), occurred around 3:40 AM when a Chrysler 300 collided with a pedestrian in the northbound lanes. CHP found the victim, an adult male, unresponsive on the highway. He was pronounced dead shortly after 4 AM.

The driver and passenger of the Chrysler 300, two women from San Jose, remained at the scene and cooperated with authorities. The CHP is actively investigating the circumstances leading to the fatal collision and will also examine why the pedestrian was walking on the highway at that hour.

The weather conditions at the time of the incident were described as “cool and wet” following scattered showers over the Bay Area on Wednesday. The driver sustained moderate injuries, and although the specifics were not disclosed in the press release, it was noted that the right side of the car’s windshield shattered from the impact.

Authorities have not released the identity of the deceased pending confirmation and notification of next of kin. Both occupants of the vehicle were wearing seatbelts, and no arrests have been made in connection with the incident.

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.

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