DUI Crash Claims Pedestrian's Life in San Jose

Suspected DUI Crash Kills Pedestrian on Highway 87/280 Connector in San Jose

A suspected DUI crash claimed the life of a pedestrian near downtown San Jose on Wednesday evening, October 22, 2025. According to the California Highway Patrol (CHP), the collision occurred at approximately 7:20 p.m. on the connector from northbound Highway 87 to northbound Interstate 280. Investigators said a 52-year-old San Jose man, driving a 2021 Hyundai, lost control and struck a man who was standing on the right shoulder. The victim, believed to be in his early to mid-40s, died at the scene. His identity is pending confirmation and notification of next of kin by the Santa Clara County Medical Examiner-Coroner’s Office.

CHP officers arrested the Hyundai driver at the scene on suspicion of driving under the influence of alcohol. Authorities have not yet determined why the victim was on the shoulder of the connector. The investigation remains active.

Understanding What We Know and What Comes Next

Early reports indicate the crash happened on a high-speed transition road where space for pedestrians is minimal. While pedestrians typically are not permitted on freeway connectors, there are circumstances that can place a person on the shoulder through no fault of their own, such as a disabled vehicle, a stalled ride-share pickup, medical distress, or an attempt to reach a call box or safer location. CHP’s ongoing investigation will examine factors such as vehicle speed, roadway design, lighting, sightlines, lane conditions, and whether any hazards or debris were present.

Key evidence likely to be reviewed includes:
- DUI-related testing results (breath, blood, or urine), field sobriety notes, and body-worn camera footage
- Vehicle event data recorder (EDR) information such as speed, braking, and steering inputs
- 911 calls, traffic camera footage, and any nearby dash cam videos
- Tire marks, debris fields, and final rest positions of the vehicle and any involved objects
- Coroner and toxicology reports, if relevant

Criminal Case vs. Civil Claims After a Fatal DUI

When alcohol impairment is suspected, the criminal process typically runs separately from any civil claim brought by the victim’s family. A criminal case focuses on punishing unlawful conduct and may include DUI, DUI causing injury or death, or vehicular manslaughter charges. A conviction can support a civil claim, but it is not required—civil liability is determined by the preponderance of the evidence standard, which is lower than the criminal standard of beyond a reasonable doubt.

Families may pursue a wrongful death claim and, in appropriate circumstances, a survival action. A wrongful death claim compensates heirs for losses such as loss of financial support, loss of companionship, funeral and burial costs, and other damages recognized by California law. A survival action allows the decedent’s estate to seek damages the decedent could have pursued had they survived, which may include medical expenses, property damage, and, under current California law, certain non-economic damages, as well as potential punitive damages where the conduct demonstrates malice, oppression, or fraud. DUI-related conduct can support a claim for punitive damages in a survival action, depending on the evidence.

A fatal DUI crash is more than an accident—it’s a preventable act of negligence that demands accountability. At Avian Law Group, we stand with families who have lost loved ones to drunk or impaired drivers. Our experienced attorneys work tirelessly to ensure that those responsible are held legally and financially accountable. While nothing can replace your loss, taking action can bring justice and help prevent future tragedies. Contact Avian Law Group today to learn how we can help your family pursue justice and closure.