San Jose Pedestrian Fatality: Key Details and Rights

San Jose Pedestrian Fatality on Monterey Road Near Edenview Drive: What We Know and How Families Can Protect Their Rights

Overview of the Incident

A tragic pedestrian collision occurred early Thursday, October 23, 2025, on Monterey Road near Edenview Drive in San Jose. According to San Jose police, officers responded to a report at 5:59 a.m. of a pedestrian struck by a vehicle. The preliminary investigation indicates that a man driving a silver 2001 Acura sedan was traveling northbound on Monterey Road when he struck a man who was walking east across the roadway. The pedestrian was pronounced dead at the scene. Authorities have not released the victim’s identity, pending notification of next of kin by the Santa Clara County Medical Examiner-Coroner’s Office.

Police reported that the driver initially left the scene but returned shortly afterward and cooperated with investigators. Officers also noted that the pedestrian was not in a marked crosswalk at the time of the collision. As of the latest update, this incident is San Jose’s 30th traffic fatality of 2025 and the 15th involving a pedestrian. The investigation remains active.

About the Location and Common Risk Factors

Monterey Road is a major corridor in San Jose that carries high volumes of commuter and commercial traffic. Like many multi-lane arterials, it presents known risk factors for pedestrians, including higher travel speeds, wide crossing distances, limited gaps in traffic during peak hours, and visibility challenges during low-light periods. Early-morning conditions—particularly around dawn—can reduce visibility due to glare and low ambient lighting, which can make pedestrian detection more difficult for drivers and increase the risk of severe outcomes when crashes occur.

Investigations and Evidence: What Authorities Typically Review

In a fatal pedestrian collision, investigators typically examine a comprehensive set of evidence to understand how the crash happened and whether any traffic violations occurred. This can include:

- Scene documentation: Roadway measurements, skid or yaw marks, debris fields, and lighting conditions.
- Vehicle inspections: Damage profiles, lighting functionality, and potential downloads from event data recorders (EDR), when available.
- Video and digital evidence: Nearby commercial or residential surveillance footage, dashcams, and any available public traffic cameras.
- Witness statements: Observations regarding vehicle speed, driver behavior, pedestrian position, and signal phases.
- Toxicology and impairment assessments: Standard protocols for fatal collisions.
- Visibility and roadway design factors: Signage, crosswalk visibility, obstructions, and timing of signals.

Understanding California Pedestrian and Driver Duties

California law imposes duties on both drivers and pedestrians to promote roadway safety:

- Drivers’ duty of care: Motorists must exercise due caution, keep a proper lookout, obey speed limits, and yield at legal crosswalks. Even when a pedestrian is midblock, drivers must take reasonable steps to avoid a collision if possible.
- Crosswalk and midblock crossings: Pedestrians have the right of way in marked and unmarked crosswalks at intersections. Crossing midblock can increase risk, and pedestrians must yield to vehicles when crossing outside a crosswalk.
- Speed and visibility: Speed is a major factor in crash severity. Reduced visibility at dawn, dusk, or in poor weather conditions heightens the need for caution.

Importantly, the outcome of a civil claim does not depend solely on whether someone was inside a marked crosswalk. Liability can be shared under California’s comparative negligence principles, and each party’s actions are evaluated in context.

At Avian Law Group, we understand that no amount of legal action can replace the loss of a loved one. However, pursuing justice can provide grieving families with a sense of closure and the financial support needed to move forward. Fatal pedestrian accidents serve as a tragic reminder of the importance of vigilance, accountability, and adherence to traffic safety laws.

Our firm remains committed to standing beside victims and their families during these difficult times—advocating tirelessly to ensure that responsible parties are held accountable and that our communities become safer for everyone on the road.

If you or someone you know has been affected by a pedestrian accident, our compassionate legal team is here to provide guidance and support every step of the way.