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San Jose Pedestrian was Killed by Vehicle on Highway 87

Pedestrian Accident, San Jose, CA

A Pedestrian was Killed after being struck by a Vehicle on State Highway 87  

San Jose, CA -A pedestrian’s tragic death on State Highway 87 in San Jose highlights the critical need for road safety and legal representation in such incidents.

The Incident

On June 14, 2024, at approximately 2:50 a.m., a pedestrian was fatally struck by a vehicle on State Highway 87 in San Jose. The incident occurred near the northbound offramp to Taylor Street. California Highway Patrol (CHP) officers responded to reports of a person lying on the highway and confirmed that the individual had been hit by a vehicle. This early morning collision led to immediate closure of the northbound lanes to Taylor Street, significantly affecting traffic flow in the area.

The exact circumstances leading to the pedestrian being on the highway remain unclear. The area was immediately closed for investigation, causing significant disruption to early morning traffic. The identity of the victim has not been released, and there are no details yet on the driver involved or any potential witnesses. Investigators are working to piece together events that led to the collision, including the possibility of the pedestrian’s car breaking down or an attempt to cross the highway.

This incident underscores the dangers pedestrians face, particularly on high-speed roadways. The CHP’s ongoing investigation aims to determine the factors contributing to this tragic event, including whether any traffic violations or negligent behaviors played a role. Further details are expected to emerge as the investigation progresses. Additionally, it highlights the need for improved safety measures and heightened awareness among drivers and pedestrians alike to prevent such tragedies in the future.

Legal Implications 

In the aftermath of a fatal pedestrian accident, several legal implications must be considered. The primary concern is determining liability, which can be complex in cases involving pedestrians on highways. Under California law, drivers must exercise due care to avoid collisions with pedestrians, even on highways where pedestrians are typically prohibited. This raises questions about whether the driver was speeding, distracted, or otherwise negligent at the time of the incident.

Statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that pedestrian fatalities in traffic crashes are a growing concern, with over 6,000 pedestrian deaths annually in the United States. In California, pedestrian deaths account for nearly 25% of all traffic fatalities, underscoring the significant risk pedestrians face, even in areas where they are less expected to be present.

The legal process following such accidents often involves thorough investigations to ascertain the facts, including road conditions, visibility, and the actions of both the driver and the pedestrian. Expert testimonies, accident reconstruction, and review of any surveillance footage or witness statements play crucial roles in these investigations. The outcome can lead to criminal charges, civil lawsuits, or both, depending on the findings.

The role of a personal injury attorney in cases like the fatal pedestrian accident on Highway 87 is indispensable. Legal representation ensures that the victim’s family receives justice and appropriate compensation for their loss. A qualified attorney can navigate the complexities of the legal system, gather critical evidence, and advocate effectively on behalf of the family. The legal expertise provided by an experienced attorney can make a significant difference in the outcome of the case, ensuring that all responsible parties are held accountable.

The Scranton Law Firm, with over 50 years of experience and a proven track record of recovering over $1 billion for injured clients, stands out as a beacon of support and expertise. Our wrongful death lawyers understand the emotional and financial toll such tragedies take on families. We offer compassionate, dedicated legal services to help you through these challenging times. Our team is committed to providing personalized attention to each case, ensuring that the unique circumstances of your situation are thoroughly addressed.

If you or a loved one has been involved in a similar incident, don’t hesitate to reach out to the Scranton Law Firm. Our experienced team is here to provide the support and representation you need to secure justice and compensation. Contact us today to schedule a consultation and learn more about how we can assist you. By seeking legal assistance promptly, you can protect your rights and improve your chances of achieving a favorable outcome in your case. Let the Scranton Law Firm be your advocate in this difficult time, guiding you towards recovery and resolution.

FAQs

1. What should I do immediately after a pedestrian accident? Ensure your safety first, then call emergency services. Document the scene if possible and seek medical attention. Contact a personal injury attorney to understand your legal options and ensure you take the right steps from the beginning.

2. How is liability determined in a pedestrian accident? Liability is determined based on the actions of both the driver and the pedestrian. Investigations will consider factors like road conditions, speed, visibility, and whether the driver was distracted or impaired. Each case is unique, and thorough investigation is crucial to establishing fault.

3. Can a pedestrian be at fault in an accident? Yes, pedestrians can be found partially or wholly at fault if they violate traffic laws or act recklessly. However, drivers are also required to exercise caution to avoid collisions. Both parties’ actions are scrutinized to determine liability accurately.

4. What compensation can be claimed in a pedestrian accident case? Compensation can cover medical expenses, lost wages, pain and suffering, and in cases of fatality, funeral costs and loss of consortium. A personal injury attorney can help assess the specific damages in your case. Additionally, they can ensure you receive fair compensation for all losses incurred.

5. How long do I have to file a lawsuit after a pedestrian accident in California? In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. However, specific circumstances can affect this timeframe, so consulting with an attorney promptly is crucial. Acting quickly helps preserve evidence and strengthens your case.

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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. 

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