We Don't Win, You Don't Pay

Pedestrian Killed by a Vehicle in San Jose's Berry Park Neighborhood

Pedestrian Accident, San Jose, CA

Woman Killed by a Vehicle in Berry Park

San Jose, CA -In the heart of Silicon Valley, a tragic incident unfolded in South San Jose. A pedestrian, navigating the urban sprawl, met with a life-altering moment that raises critical questions about road safety and personal responsibility. This event not only highlights the fragility of life but also casts a spotlight on the legal complexities surrounding pedestrian accidents.

The Incident

On the evening of December 29, 2023, a routine day in South San Jose took a tragic turn. At approximately 7 p.m., a pedestrian, whose identity remains undisclosed, was struck by a vehicle while crossing Umbarger Road near Senter Road. This area, known for its bustling activity, became the scene of a distressing accident that would later have profound implications.

The vehicle involved, a 2016 gray Acura, was headed west when the collision occurred. Notably, the pedestrian was not using a crosswalk at the time of the accident. This detail, while seemingly minor, plays a significant role in the legal nuances of pedestrian safety and driver responsibility. The driver, adhering to legal obligations, remained at the scene and cooperated fully with the San Jose police.

In the aftermath of the collision, the pedestrian was rushed to the hospital with life-threatening injuries. Despite the best efforts of medical professionals, the individual succumbed to their injuries on the following Saturday. This incident marked a somber milestone for San Jose, being recorded as the second pedestrian fatality in the city for the year 2024.

Legal Implications 

The unfortunate incident in South San Jose underscores a critical aspect of pedestrian safety and legal accountability. In California, pedestrian right-of-way laws are clear, especially regarding crosswalks. However, the fact that the victim was not in a crosswalk at the time of the accident introduces complexities in determining liability and negligence. This detail could significantly impact the legal proceedings, potentially involving comparative negligence principles where both parties share responsibility.

Statistically, pedestrian accidents are alarmingly common and often fatal. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities account for a significant percentage of traffic-related deaths annually. In urban areas like San Jose, the interplay of high traffic volumes and pedestrian activity increases these risks. These statistics not only highlight the importance of road safety awareness but also the need for legal preparedness in the event of such tragedies.

From a legal perspective, incidents like these often lead to personal injury claims, where victims or their families seek compensation for damages such as medical expenses, lost wages, and pain and suffering. The role of a personal injury attorney becomes crucial in navigating the complexities of such cases, ensuring that the rights of the injured or deceased are adequately represented and that fair compensation is pursued.

In the wake of such a heartrending incident, the value of expert legal representation cannot be overstated. A skilled personal injury attorney, especially one experienced in pedestrian accidents, becomes an indispensable ally. They not only provide legal guidance but also ensure that the victim’s rights are protected and that they receive fair compensation. In cases like the San Jose pedestrian accident, where liability and negligence issues are complex, the expertise of a seasoned attorney is crucial.

The Scranton Law Firm, with over 50 years of experience and a track record of recovering over $1 billion for injured clients, stands as a beacon of hope and support. Our team of empathetic and experienced pedestrian accident attorneys specializes in navigating the intricacies of personal injury cases, including pedestrian accidents. We understand the emotional and financial toll such incidents can take on individuals and families, and we are committed to fighting tirelessly for our clients’ rights.

If you or a loved one has been involved in a pedestrian accident, or any incident requiring legal expertise in personal injury, do not hesitate to reach out. The Scranton Law Firm is here to offer you the support, guidance, and representation you need during these challenging times. Contact us today to ensure your rights are protected and your voice is heard.


1. What should I do immediately after being involved in a pedestrian accident?
Immediately after a pedestrian accident, ensure your safety and seek medical attention, even if injuries seem minor. Report the incident to the police and gather contact information from witnesses. It’s also advisable to consult a personal injury attorney to understand your legal rights and options.

2. How is liability determined in pedestrian accidents like the one in San Jose?
Liability in pedestrian accidents is determined based on negligence. Factors such as jaywalking, distracted driving, and speed can influence who is at fault. In cases like the San Jose incident, where the pedestrian was not in a crosswalk, comparative negligence may apply, meaning both parties could share responsibility.

3. Can a pedestrian be at fault in an accident?
Yes, pedestrians can be found partially or fully at fault in accidents, especially if they violate traffic laws, such as crossing outside of a crosswalk or walking while distracted. The concept of comparative negligence may reduce the compensation they can receive.

4. What compensation can I seek in a pedestrian accident case?
Victims of pedestrian accidents can seek compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. An experienced personal injury attorney can help assess and pursue the full extent of damages owed.

5. How long do I have to file a claim after a pedestrian accident in California?
In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, it’s crucial to consult with an attorney as soon as possible to ensure your rights are protected and to gather necessary evidence.


Free Case Review

Visit Our Main Office

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.