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Fatal Hit & Run August 25, 2024 400 Block of North 33rd Street, East San Jose, CA

Suspect in Custody After Fatal Hit-and-Run in East San Jose

A woman was found unresponsive and bleeding in the roadway on the 400 block of North 33rd Street in East San Jose early Sunday morning, August 25, 2024. Officers believe the victim may have been struck and run over by a vehicle. Despite life-saving measures, the woman was pronounced dead at the hospital. Hours later, a person of interest voluntarily surrendered to police. The incident marked San Jose’s 22nd homicide of 2024.

Incident Summary

Type
Fatal Hit-and-Run
Date
Sunday, August 25, 2024
Time
Approximately 4:15 a.m.
Location
400 block of North 33rd Street, East San Jose, CA
Victim
Woman (identity not publicly released) — pronounced dead at hospital
Suspect
Person of interest voluntarily surrendered (identity not publicly released)
Agency
San Jose Police Department (SJPD)
Case Note
San Jose’s 22nd homicide of 2024

Crash Area

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What Happened

At approximately 4:15 a.m. on Sunday, August 25, 2024, San Jose Police Department officers responded to a report of a person down on the 400 block of North 33rd Street in East San Jose. When officers arrived, they found a woman lying unresponsive in the roadway with visible injuries consistent with being struck by a vehicle.

Responding officers and paramedics immediately began performing life-saving measures at the scene. The woman was transported to a nearby hospital, where she was ultimately pronounced dead. Investigators believe the victim may have been run over by a vehicle that then fled the scene without stopping to render aid or contact emergency services.

Hours after the incident, a person of interest walked into the San Jose Police Department and voluntarily surrendered to detectives. The identities of both the victim and the person of interest have not been publicly released as of the most recent reports. SJPD’s homicide unit took over the investigation, classifying the death as the city’s 22nd homicide of 2024.

North 33rd Street runs through a residential area of East San Jose where pedestrians, including those walking in the early morning hours, are particularly vulnerable to vehicle traffic. The circumstances of how the victim ended up in the roadway and the events leading to the collision remain under active investigation.

Legal Options for the Victim’s Family

When a pedestrian is killed in a hit-and-run, the victim’s surviving family members may have several legal avenues to pursue accountability and compensation. Based on the facts reported in this case, the following legal considerations may apply.

Wrongful Death Claim

California law allows spouses, children, domestic partners, and certain other dependents to file a wrongful death lawsuit when a family member is killed due to another person’s negligence or wrongful act. Damages may include funeral and burial costs, loss of the victim’s expected income and financial support, loss of love and companionship, and emotional suffering endured by surviving family members.

Criminal vs. Civil Liability

The criminal case pursued by prosecutors is separate from any civil wrongful death action. A criminal conviction is not required for a civil case to succeed. Civil cases use a lower standard of proof — “preponderance of the evidence” rather than “beyond a reasonable doubt” — meaning families can recover compensation even if criminal charges are reduced or dismissed.

Hit-and-Run as Evidence of Fault

Fleeing the scene of a fatal accident is a serious crime under California Vehicle Code Section 20001. In a civil case, the act of fleeing can be presented as evidence of consciousness of guilt. A driver who runs over a pedestrian and leaves without calling 911 demonstrates a reckless disregard for human life that may support claims for enhanced damages.

Pedestrian Safety and Municipal Liability

If inadequate street lighting, missing crosswalks, absent traffic-calming measures, or poor road design contributed to the conditions that led to this fatal incident, the city or county responsible for maintaining the roadway may share liability. A pedestrian accident attorney can evaluate whether infrastructure failures played a role.

San Jose Hit-and-Run and Pedestrian Safety Statistics

22
Homicides recorded in San Jose through August 25, 2024, including this fatal hit-and-run
San Jose Police Department
2,564
Hit-and-run fatalities reported across the U.S. in 2020
NHTSA Traffic Safety Facts
Up to 4 Years
State prison sentence for felony hit-and-run causing injury or death in California
California Vehicle Code § 20001
$10,000
Maximum fine for a felony hit-and-run conviction in California
California Vehicle Code § 20001
65%
Of all hit-and-run fatalities involve pedestrians or cyclists — the most vulnerable road users
AAA Foundation for Traffic Safety

Frequently Asked Questions

What are the penalties for a fatal hit-and-run in California?
Under California Vehicle Code Section 20001, leaving the scene of an accident that caused injury or death is a felony. Penalties include up to 4 years in state prison and fines up to $10,000. If the victim dies or suffers permanent serious injury, the sentence can increase to up to 6 years. Additional charges such as vehicular manslaughter may also apply depending on the circumstances.
Can the victim’s family file a wrongful death claim after a fatal hit-and-run?
Yes. In California, surviving family members — including spouses, children, and domestic partners — can file a wrongful death lawsuit against the at-fault driver. This civil claim is separate from criminal prosecution and can seek compensation for funeral expenses, lost financial support, loss of companionship, and emotional suffering. The statute of limitations is generally 2 years from the date of death.
Does a suspect’s voluntary surrender affect the criminal or civil case?
A suspect’s voluntary surrender may be viewed by prosecutors and courts as a mitigating factor during sentencing, but it does not eliminate criminal liability for fleeing the scene. In a civil wrongful death case, the fact that the driver initially fled can actually strengthen the plaintiff’s claim by demonstrating consciousness of guilt and reckless disregard for the victim’s life.
What pedestrian safety measures could help prevent fatal hit-and-run crashes?
Improved street lighting, lower speed limits on residential streets, traffic-calming measures like speed bumps, better crosswalk visibility, and surveillance cameras can all help reduce pedestrian fatalities. Cities can also increase enforcement for speeding and reckless driving in residential neighborhoods where pedestrians are most vulnerable, particularly during early morning and late night hours.

Related Resources

Practice Area
Hit-and-Run Accident Lawyer
Legal representation for victims and families affected by hit-and-run crashes in California.
Practice Area
Pedestrian Accident Lawyer
Pedestrians struck by vehicles face devastating injuries. Learn how an attorney can help protect your rights.
Practice Area
Wrongful Death Lawyer
Helping families pursue justice and compensation after the wrongful death of a loved one.

Lost a Loved One in a Hit-and-Run? Your Family Deserves Answers.

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