San Jose, CA—On Tuesday afternoon, August 6, 2024, around 4:21 p.m., a child lost their life after being struck by a vehicle in the vicinity of Leigh Avenue and Camden Avenue, according to KRON.
San Jose Police Department (SJPD) officers who responded to the scene pronounced the young pedestrian dead at the scene. The driver of the vehicle involved remained on site and cooperated with the police investigation. The circumstances leading up to the accident are still under investigation.
The westbound lanes of Camden Avenue from Leigh Avenue to Charmeran Avenue were closed for several hours to allow investigators to thoroughly document the scene and gather evidence.
This incident marks the 30th traffic-related fatality in San Jose this year, a grim statistic that exceeds the 28 road deaths recorded by this time last year.
Pedestrian Fatalities and Wrongful Death Claims
Motorists bear an added responsibility, known as the “Duty of Care,” towards pedestrians due to their heightened vulnerability in car accidents, often leading to pedestrian fatalities.
For those who have lost someone in a vehicular fatality, a Wrongful Death claim, made with the help of an experienced personal injury attorney, can provide compensation to alleviate the financial strain of laying their loved one to rest.
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
