Pedestrian Fatality on West San Carlos: Rights Explained

San Jose Pedestrian Fatally Struck on West San Carlos Street; Understanding Your Rights After a Tragic Crash

Early Friday morning, November 14, 2025, a pedestrian was struck by a vehicle on the 600 block of West San Carlos Street in San Jose. According to the San Jose Police Department, the collision occurred at approximately 1:40 a.m. The victim sustained severe injuries and was transported to a nearby hospital, where he was later pronounced deceased. The driver remained at the scene and cooperated with investigators.

In the aftermath, authorities closed West San Carlos Street in both directions between McEvoy Street and Royal Avenue while officers conducted their investigation and documented the scene. Police asked motorists to avoid the area and use alternate routes. As of this writing, the collision remains under active investigation, and no further details about the cause have been released.

This tragic incident underscores the vulnerability of pedestrians and the critical importance of driver vigilance, safe speeds, and well-designed roadways. It also raises important questions for families and community members about what comes next—legally, practically, and emotionally—after a fatal crash.


What We Know So Far

- Time and location: Around 1:40 a.m. on the 600 block of West San Carlos Street.
- Response: Police, fire, and medical personnel responded; the pedestrian was taken to a local hospital and later died from injuries.
- Driver status: The driver remained at the scene and cooperated with authorities.
- Roadway closure: West San Carlos Street was closed in both directions between McEvoy Street and Royal Avenue for the on-scene investigation.
- Investigation: Ongoing. Authorities will evaluate contributing factors such as speed, impairment, lighting, and right-of-way.

While official findings take time, families affected by such incidents often face urgent decisions related to funeral arrangements, financial responsibilities, and potential legal claims. Understanding how these investigations work and what rights exist under California law can help guide the next steps.


Pedestrian Safety and California Law

Under California law, drivers owe a duty of care to others on the road, including pedestrians. This means operating a vehicle with reasonable caution, obeying traffic signals, maintaining safe speeds for conditions, and yielding the right-of-way where required. Pedestrians also have duties, such as obeying signals and using crosswalks when available. Importantly, the law recognizes that even if a pedestrian may share some responsibility, a driver can still be held liable if their negligence contributed to the collision.

Key legal principles that often apply in pedestrian collisions include:

- Duty of care: Drivers must keep a proper lookout, anticipate pedestrians—especially in urban corridors—and take reasonable steps to avoid collisions.
- Right-of-way rules: Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections.
- Speed and conditions: Operating at a safe speed for the time of day, lighting, traffic, and weather is critical. Nighttime conditions demand extra caution.
- Comparative fault: California follows a comparative negligence system. If more than one party shares responsibility, compensation can be adjusted proportionally.
- Post-collision conduct: Remaining at the scene, calling 911, and cooperating with authorities are required and may be legally significant.


Common Factors Investigators Examine

Traffic investigators typically consider a range of potential causes and contributing factors, including:

- Speed relative to posted limits and road conditions
- Driver impairment due to alcohol, drugs, or fatigue
- Distraction, including mobile device use or in-vehicle systems
- Lighting conditions at the time of the crash and roadway visibility
- Crosswalk location, traffic signals, and pedestrian right-of-way
- Vehicle lighting, braking, and maintenance issues
- Road and sidewalk design, signage, and any hazardous conditions
- Surveillance footage from nearby businesses or residences
- Data from event data recorders (EDRs) and law enforcement scene measurements

The answers to these questions can help determine legal responsibility and inform both criminal and civil proceedings.


What Families Can Do After a Fatal Pedestrian Crash

In the immediate aftermath of a tragedy, families often feel overwhelmed. The following steps can help protect your rights and provide clarity:

- Request the traffic collision report: Obtain the official report number from the San Jose Police Department and request the completed report when available.
- Preserve evidence: Keep any available photos, videos, medical records, and contact information for witnesses. If you can, note nearby businesses that may have captured surveillance footage.
- Track expenses: Maintain records of funeral costs, medical bills, lost income, and other related expenses.
- Avoid quick insurance settlements: Early offers may not reflect the full scope of losses. Consider getting legal guidance before accepting any payment or signing documents.
- Consider counseling and support services: Grief counseling and community resources can provide emotional support during an extraordinarily difficult time.

The loss of a life in a pedestrian collision is one of the most devastating tragedies a family and community can face. In a city as active and vibrant as San Jose, no one should fear that simply crossing the street could cost them their future. Yet once again, a preventable act of negligence has taken an innocent life far too soon.

At Avian Law Group, we extend our deepest condolences to the family affected by this heartbreaking incident. Their pain is unimaginable, and their grief is something no family should ever endure because of a driver’s failure to exercise basic caution and responsibility. Every fatal pedestrian crash represents not only a profound personal loss, but also a reminder of how critical it is for drivers to remain attentive, sober, and vigilant—especially in busy urban environments where pedestrians rely on drivers to obey the law.

While nothing can bring back a lost loved one, the family deserves answers, accountability, and justice. Our firm remains committed to fighting for victims of negligence and ensuring that preventable tragedies like this are never minimized or overlooked. We stand ready to investigate the facts, preserve critical evidence, and advocate fiercely for the rights of those whose lives have been shattered.

If you or someone you know has been affected by a pedestrian collision or any serious injury in California, know that you do not have to navigate this alone. Avian Law Group is here to support you, protect your rights, and help secure the justice your family deserves.‍