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Pedestrian Hit & Killed by a Vehicle on Hwy 101 in San Jose

Pedestrian Accident, San Jose, CA

A Pedestrian, who was Walking on Highway 101, is Dead after being Struck by a Vehicle

San Jose, CA -In the early hours of a seemingly ordinary Thursday morning, the routine silence of Highway 101 in San Jose was shattered. A pedestrian, for reasons yet to be fully understood, found themselves in the midst of the northbound lanes—setting the stage for a tragic incident that would leave a community searching for answers and an individual’s journey abruptly ended.

The Incident

In the cool, early morning hours of March 28, 2024, a distressing event unfolded on U.S. Highway 101 in San Jose. At approximately 3:40 a.m., a pedestrian, whose identity was initially withheld pending family notification, ventured onto the northbound lanes of the highway, a decision that culminated in fatal consequences. The individual was struck by a blue 2006 Chrysler sedan, driven by 62-year-old Maria Ortega of San Jose, between the Berryessa Road and McKee Road exits.

Ortega, who sustained moderate injuries from the collision, promptly reported the incident to the authorities. The accident prompted an immediate response from the California Highway Patrol (CHP) and emergency medical teams. Upon arrival, they discovered the male pedestrian unresponsive on the pavement. Despite the swift action of paramedics, the pedestrian was pronounced dead at the scene.

The incident led to a temporary closure of the affected lanes, causing early morning disruptions. The weather, marked by recent scattered showers, added a layer of complexity to the already grave situation. CHP officials are currently in contact with Ortega as part of their ongoing investigation into the circumstances leading to the pedestrian’s presence on the highway and the exact cause of the accident. As the community grapples with this tragedy, the incident underscores the ever-present need for vigilance and adherence to safety measures by both motorists and pedestrians alike.

Legal Implications 

The tragic accident on Highway 101, resulting in a pedestrian’s death, brings to light several legal considerations and underscores the broader issue of pedestrian safety on highways. In California, like in many jurisdictions, pedestrians are generally prohibited from walking on highways, primarily for their safety due to the high speeds of vehicles. The involvement of a pedestrian on the highway raises questions about liability and the legal responsibilities of both the pedestrian and the driver involved. In incidents like these, determining fault is crucial for any subsequent legal action, whether it be criminal charges or civil liability for wrongful death.

Statistically, pedestrian fatalities have been on the rise in the United States. According to the Governors Highway Safety Association, there was an approximately 4.7% increase in pedestrian fatalities in 2020, despite a decrease in overall traffic volume due to the pandemic. This incident in San Jose contributes to a concerning trend that highlights the urgent need for improved pedestrian safety measures and public awareness campaigns.

Furthermore, this accident emphasizes the importance of legal representation in navigating the complexities of personal injury and wrongful death cases. Attorneys specializing in this area can provide invaluable support to victims and their families by advocating for their rights, securing fair compensation, and guiding them through the intricate legal system. The Scranton Law Firm, with its extensive experience and empathetic approach, stands ready to assist individuals affected by similar tragic circumstances, ensuring justice is pursued diligently on their behalf.

The recent pedestrian tragedy on Highway 101 is a stark reminder of the fragility of life and the imperative need for legal guidance in the aftermath of such incidents. Navigating the aftermath of a roadway accident, especially one involving a pedestrian, requires not only emotional resilience but also a deep understanding of the legal landscape. This is where the expertise and experience of a seasoned pedestrian accident attorney become indispensable.

For over 50 years, the Scranton Law Firm has been at the forefront of advocating for the rights and welfare of accident victims. Our team, equipped with expertise, empathy, and a winning record, has successfully recovered over $1 billion for our clients. We understand the profound impact of accidents on individuals and their families, and we are committed to securing the justice and compensation they deserve. Whether it’s a semi-truck accident, pedestrian mishap, or any form of personal injury, our attorneys are adept at navigating the complexities of each case with precision and care.

If you or someone you love has been involved in an accident similar to the recent tragedy on Highway 101, do not hesitate to reach out for legal support. Let the Scranton Law Firm be your advocate in these challenging times, ensuring your rights are protected and your recovery maximized. Contact us today to schedule a consultation and take the first step towards healing and justice.


  1. What should I do if I witness a pedestrian accident on the highway? If you witness a pedestrian accident, immediately call 911 to report the incident, providing as much detail as possible about the location and nature of the accident. Ensure your own safety first before attempting to offer any assistance.

  2. Can pedestrians be held liable in accidents on highways? Yes, pedestrians can be held liable if they are found to be in violation of laws, such as trespassing on a highway where pedestrian access is prohibited. Liability depends on the specific circumstances of each case and local laws.

  3. How can a personal injury attorney help in cases involving pedestrian accidents? A personal injury attorney can help by investigating the accident, gathering evidence, negotiating with insurance companies, and, if necessary, representing the victim’s interests in court to secure compensation for injuries, medical expenses, lost wages, and other damages.

  4. What compensation can victims or their families seek in pedestrian accident cases? Victims or their families can seek compensation for medical expenses, funeral costs (in fatal cases), lost income, pain and suffering, and loss of companionship, among other damages, depending on the specifics of the case.

  5. How long do I have to file a claim after a pedestrian accident? The statute of limitations for filing a personal injury claim varies by state. In California, for example, you generally have two years from the date of the accident to file a lawsuit. It’s crucial to consult with a personal injury attorney as soon as possible to ensure your claim is filed within the legal time frame.


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Don’t navigate the aftermath of a pedestrian accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by a San Jose pedestrian accident, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now.