Fatal Pedestrian Crash at US 101, McKee Rd in San Jose

San Jose, CA – In the early hours of Friday, December 5, 2025, a vehicle-versus-pedestrian collision resulted in an unidentified person losing their life, according to CHP Fatal.

The California Highway Patrol reports that the accident occurred around 1:16 AM on the US 101 North off-ramp at McKee Road.

Authorities said a white Infiniti sedan with major front-end damage struck a pedestrian who was in the roadway. Emergency responders arrived on scene and confirmed that the individual had suffered fatal injuries and was deceased at the location of the collision. The impact was severe, leaving visible damage to the vehicle and requiring a careful response to manage both the scene and the injured party.

Multiple lanes of the off-ramp were temporarily blocked to allow law enforcement, fire personnel, and Caltrans crews to secure the area, conduct an investigation, and manage debris. Tow services were called to remove the damaged sedan, and a coroner was dispatched to handle the remains of the victim.

Officials stated that the circumstances that led to the pedestrian being in the roadway are still under investigation. The off-ramp remained partially closed for several hours while responders worked to clear the scene, document evidence, and ensure safety for other motorists before reopening the lanes.

 

Pedestrian Fatalities and Wrongful Death Claims

Drivers have a Duty of Care towards pedestrians, which includes being vigilant for those travelling by foot and, if a 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 evade authorities, 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 subject to only partial liability 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.

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