Fresno Pedestrian Death: James Harvey Identified

UPDATE: James Harvey, 48, Identified in Fatal Pedestrian Collision Near Bullard Avenue and First Street in Fresno

On Sunday evening, November 23, 2025, a tragic pedestrian collision near Bullard Avenue and First Street in Fresno claimed the life of 48-year-old James Harvey. According to preliminary information from local authorities, the crash happened around 6:00 PM just west of the intersection. Investigators believe Mr. Harvey, who may have been experiencing homelessness at the time, was walking in the area when he was struck by a vehicle. Officers rendered aid at the scene, and Mr. Harvey was transported to a nearby hospital, where he later died from his injuries.

Police report that the driver remained at the scene and cooperated fully with the investigation. Early indications suggest that alcohol or drugs do not appear to be factors. Investigators are assessing roadway conditions, lighting, vehicle speed, driver and pedestrian visibility, and the precise path of travel of both parties. They have encouraged anyone with additional information or video evidence to come forward as the inquiry continues.

Avian Law Group extends our deepest condolences to Mr. Harvey’s family, friends, and community. The loss of a life in any traffic incident is devastating. While authorities continue their review, families often face sudden medical bills, funeral expenses, and many unanswered questions. The legal process can help bring clarity to what happened and identify the responsible parties, even when fault may be shared.

Understanding Pedestrian Right-of-Way and Duty of Care in California

California law requires both drivers and pedestrians to exercise reasonable care for each other’s safety. While pedestrians do not have the right-of-way under all circumstances—such as when crossing mid-block or against a signal—drivers are never relieved of their ongoing duty to avoid hitting pedestrians when reasonably possible.

Key points to keep in mind:
- Crosswalks and intersections: Pedestrians generally have the right-of-way at marked and unmarked crosswalks at intersections, though they must still use due care and not step suddenly into the path of a vehicle that is close enough to pose an immediate hazard.
- Mid-block crossings: Crossing outside a crosswalk can affect how fault is assessed, but it does not automatically absolve drivers. Motorists still must maintain a safe speed, maintain a proper lookout, and take reasonable steps to avoid collisions.
- The “Freedom to Walk” law: California’s recent change to jaywalking enforcement focuses on whether a pedestrian creates an immediate hazard. Even so, civil liability in a crash still turns on whether each party acted reasonably and whether their conduct contributed to the collision.

Comparative Fault and Partial Liability in Pedestrian Crashes

California follows a comparative negligence rule. That means multiple parties can share responsibility for a collision, and each party’s financial responsibility for damages generally corresponds to their percentage of fault. In a scenario where the pedestrian entered the roadway in a risky manner, a driver might still bear partial liability if, for example, they were traveling too fast for conditions, failed to use headlights at dusk, were distracted, or did not anticipate pedestrian activity in a mixed-use corridor.

Why these determinations matter:
- Even if a pedestrian is found partially at fault, families may still recover damages proportional to the driver’s share of responsibility.
- Police reports are important, but not the final word. Independent investigation, witness statements, vehicle data, and video evidence often refine or alter early fault assessments.

Evidence That Can Shape the Outcome

A thorough investigation will often examine:
- Scene documentation: Measurements, skid marks, debris fields, sightlines, street lighting functionality, and timing of traffic signals.
- Vehicle data and technology: Event data recorders (EDRs), dash cams, and onboard driver-assistance alerts can shed light on speed, braking, and driver actions.
- Surveillance and video: Nearby businesses, residences, and transit vehicles may have security footage. Doorbell and traffic cameras can be crucial.
- Human factors: Visibility at dusk, clothing contrast, weather, glare, and the presence or absence of headlights or reflective materials.
- Cell phone and distraction analysis: Call logs, texts, and app usage can be relevant when distraction is suspected.
- Road design and maintenance: Signage, crosswalk markings, curb ramps, landscaping, and signal timing can influence pedestrian and driver behavior and visibility, potentially implicating a public entity in rare circumstances.

Insurance and Compensation Considerations for Families

In fatal pedestrian cases, a wrongful death claim and a survival action may be available to eligible family members and the decedent’s estate. Potential recoverable damages can include:
- Funeral and burial expenses
- Final medical expenses
- Loss of financial support and benefits
- Loss of companionship, care, and guidance
- Pain and suffering damages through survival actions, where applicable

James Harvey’s tragic passing is a painful reminder of how vulnerable pedestrians are—especially during evening hours when visibility is reduced and roadway conditions can shift quickly. As investigators continue gathering evidence, analyzing lighting and speed, reviewing surveillance footage, and interviewing witnesses, Mr. Harvey’s family is left grieving an unimaginable loss while facing sudden financial and emotional burdens. Even when a driver remains at the scene and impairment is not suspected, determining responsibility in pedestrian collisions requires a careful, fact-specific investigation. Factors such as visibility, driver attentiveness, speed for conditions, and pedestrian path of travel all play a role, and early assumptions often evolve as more evidence emerges.

California’s comparative negligence law means that fault is not all-or-nothing. Even if a pedestrian may have entered the roadway outside a crosswalk or in low-visibility conditions, drivers still have a duty to keep a proper lookout and avoid collisions when reasonably possible. Families should know that they may still pursue compensation for funeral expenses, loss of support, and the profound loss of companionship, even if multiple factors contributed to the crash.

At Avian Law Group, we are committed to standing beside families during these difficult and overwhelming moments. Our team conducts thorough investigations, works to preserve critical evidence, and advocates tirelessly to ensure that all responsible parties are identified and held accountable.

If your family has lost a loved one in a pedestrian collision, you do not have to seek answers or navigate the legal process alone. We are here to provide guidance, compassion, and unwavering support every step of the way.