San Jose, CA – According to NBC Bay Area, a pedestrian was fatally struck by a car Monday night, January 6, 2025, marking San Jose’s first traffic fatality of 2025.
The San Jose police reported that the collision occurred around 10:30 PM, at the intersection of Berryessa and Sierra Roads.
Preliminary investigations suggest that the driver was traveling eastbound on Berryessa Road and proceeded through the Sierra Road intersection with a green light when he hit the pedestrian.
Police stated the pedestrian, a man, was crossing Berryessa Road just outside of the designated crosswalk at the time of the incident. Emergency responders transported him to a local hospital, but he succumbed to his injuries. His identity will be released by the Santa Clara County Coroner’s Office after next of kin have been notified.
The driver remained at the scene and cooperated with investigators, police confirmed.
Authorities continue to investigate the circumstances of the collision.
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. Should that be the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
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.
