A pedestrian was killed in South San Jose on the evening of Saturday, April 12, 2026, after being struck by a suspected DUI driver on Almaden Expressway south of San Jose Avenue. The collision occurred at approximately 9:45 p.m., when a man crossing the expressway outside of any marked crosswalk was hit by a southbound 2008 Toyota sedan. He was pronounced dead at the scene, and the Santa Clara County Office of the Medical Examiner withheld his identity pending notification of his family.
The driver remained at the scene and displayed objective symptoms of alcohol intoxication, according to the San Jose Police Department. Officers arrested the driver and booked him into the Santa Clara County Main Jail on suspicion of driving under the influence. The crash was one of two fatal collisions in San Jose that weekend, marking the city’s 13th and 14th fatal collisions of 2026 and the sixth pedestrian death of the year.
A Troubling Pattern on Almaden Expressway
This latest fatality is part of a disturbing trend on Almaden Expressway, a roadway that has seen multiple deadly pedestrian crashes in recent months. Just weeks earlier, in March 2026, a man was killed after being struck by a Dodge SUV on Almaden Expressway in San Jose. The repeated loss of life on this corridor raises serious questions about roadway safety, driver accountability, and the ongoing threat posed by impaired driving in the South Bay.
Pedestrians crossing multi-lane expressways face inherently elevated risks, particularly at night when visibility is reduced. When those dangers are compounded by a driver impaired by alcohol, the consequences are often fatal and entirely preventable.
California DUI Laws and Pedestrian Fatality Cases
California takes DUI offenses — particularly those resulting in death — extremely seriously under state law. When a drunk driver kills someone, the case can be prosecuted as vehicular manslaughter while intoxicated under California Penal Code § 191.5, which carries significant criminal penalties, including imprisonment. In cases involving gross negligence, the charge can escalate to gross vehicular manslaughter while intoxicated.
Beyond criminal prosecution, surviving family members have a separate and independent right to pursue civil liability through a wrongful death claim under California Code of Civil Procedure § 377.60. Civil claims operate on a different legal standard than criminal cases — a driver does not need to be convicted of DUI for a wrongful death lawsuit to succeed. Families must establish by a preponderance of the evidence that the driver’s negligence caused the death.
California Vehicle Code § 23153 makes it unlawful to drive under the influence and cause bodily injury or death. A driver operating with a blood alcohol content of 0.08% or higher is presumed to be legally impaired under California law, though impairment can also be established at lower BAC levels depending on the circumstances. An arrest and booking for DUI, as in this case, creates a documented evidentiary record directly relevant to civil litigation.
Who Can File a Wrongful Death Claim in California
Under California law, eligible parties who may file a wrongful death claim include the deceased’s spouse or domestic partner, children, and — if there is no surviving spouse or child — any persons who would be entitled to the property of the deceased under California’s intestate succession laws. In some cases, financial dependents may also qualify.
A wrongful death claim can seek compensation for the financial and emotional losses that survivors suffer as a result of the death, including loss of financial support, loss of companionship and moral support, funeral and burial costs, and the decedent’s medical and related expenses incurred before death. These claims must typically be filed within two years of the date of death under California’s statute of limitations, though there are circumstances that can alter this deadline, making early legal consultation important.
Calculating the Value of a DUI Wrongful Death Claim
Every wrongful death case is unique, but experienced personal injury attorneys use established methodologies to determine a claim’s full value. Two of the most widely applied approaches are the multiplier method and the per diem method.
Under the multiplier method, attorneys calculate the total quantifiable economic damages — such as lost earnings, lost financial contributions, and out-of-pocket expenses — and then multiply that figure by a number that reflects the severity and permanence of the non-economic losses, such as grief, loss of companionship, and emotional suffering. In DUI cases involving a fatality, multipliers tend to be higher because the conduct was willful and reckless.
The per diem method assigns a daily dollar value to the ongoing non-economic suffering of surviving family members and multiplies that amount by the number of days they are expected to endure it. When applied over a lifetime, this method can yield substantial damage figures that more accurately capture the human cost of losing a loved one to preventable negligence.
In a DUI wrongful death case, additional damages may also be available. California allows juries to award punitive damages when the defendant’s conduct was malicious, oppressive, or fraudulent, and drunk driving that results in death has been found to meet that threshold in California courts.
What Families Should Do After a DUI Pedestrian Fatality
The days and weeks following the violent loss of a loved one are devastating. While grieving, families are simultaneously confronted with questions about finances, legal deadlines, and how to hold the responsible driver accountable. The steps taken early in this process can significantly affect the outcome of a civil claim.
Begin by preserving all documentation related to the incident, including police reports, medical examiner records, and any news coverage of the crash. Avoid making statements to the driver’s insurance company without first speaking to an attorney. Insurance adjusters are trained to minimize payouts, and anything said in early conversations can be used to reduce or deny a claim.
Most importantly, consult with a California personal injury attorney who handles DUI wrongful death cases as soon as possible. An experienced attorney can independently investigate the crash, retain accident reconstruction experts if needed, pursue all available insurance policies, and build the strongest possible case on your family’s behalf.
It is also worth understanding that a criminal DUI case and a civil wrongful death claim are entirely separate legal proceedings that run on parallel tracks. Even if the district attorney secures a conviction — or even if the case is plea-bargained or the charges are reduced — that outcome does not determine what your family can recover in civil court.
Conversely, if the criminal case stalls, is dismissed, or results in an acquittal, your family’s right to pursue civil damages remains fully intact. The burden of proof in a civil case is considerably lower than in a criminal prosecution, and evidence gathered during the criminal investigation, including the DUI arrest record, field sobriety test results, and any blood alcohol content readings, can be used to support your civil claim.
An experienced wrongful death attorney will monitor the criminal proceedings closely while simultaneously building your civil case, ensuring that no evidence is lost and that no legal deadline is missed.
How a Wrongful Death Settlement Calculator Helps Families Understand Their Case Value
When a family loses a loved one to a DUI crash, one of the most pressing and difficult questions they face is what their case may be worth. A wrongful death settlement calculator is a practical tool designed to help families begin answering that question by organizing and quantifying the many categories of loss recognized by California law in a wrongful death claim.
These calculators typically factor in variables such as the decedent’s age, annual income, expected remaining years of employment, the number and ages of surviving dependents, and the nature of the relationship between the deceased and the survivors. On the economic side, the calculator accounts for the full projected value of the financial support the deceased would have provided over their lifetime — including wages, benefits, and household contributions.
On the non-economic side, it helps assign a monetary framework to losses that are harder to quantify but no less real, including loss of companionship, loss of parental guidance, emotional distress, and the ongoing grief of surviving family members. In DUI cases specifically, the calculator can also flag the potential for punitive damages, which are awarded on top of compensatory damages when the defendant’s conduct was reckless or willful — as is typically the case when someone chooses to drink and drive.
While a settlement calculator cannot replace the judgment and experience of a seasoned wrongful death attorney, it serves as a valuable starting point, giving families a clearer, more concrete picture of what full and fair compensation might look like before they ever set foot in an attorney’s office. GJEL Accident Attorneys offers a wrongful death settlement calculator at gjel.com to help families in California take that first informed step toward understanding the value of their loss. Call us now at +1-866-218-3776 to speak with our experts.
Take Action Today – Get the Help You Deserve
“Losing someone to a drunk driver is one of the most devastating things a family can experience — because it didn’t have to happen. When someone makes the choice to get behind the wheel impaired, and that choice costs an innocent person their life, the law gives your family the right to hold them fully accountable. At GJEL, we have walked alongside families in exactly this situation for more than 40 years, and we understand that no settlement can replace what you have lost. What it can do is relieve the financial burden, deliver a measure of justice, and send a clear message that this kind of reckless behavior has real consequences. If you lost someone in this crash on Almaden Expressway — or in any DUI accident in California — please don’t wait. Evidence fades, witnesses become harder to reach, and legal deadlines are unforgiving. Call us, let us listen to your story, and let us put our experience to work for your family. You deserve answers, you deserve justice, and you deserve an advocate who will fight for every dollar you are owed.”— Andy Gillin, Managing Partner, GJEL Accident Attorneys
GJEL Accident Attorneys has represented California accident victims for over 40 years, recovering more than $950 million for clients throughout the state. We handle DUI wrongful death cases on a contingency fee basis — meaning you pay nothing unless we win your case. Our attorneys are available 24/7 to speak with families affected by drunk driving tragedies anywhere in California.
If you lost a loved one in the Almaden Expressway DUI crash or any similar incident, contact GJEL Accident Attorneys today at +1-866-218-3776 or visit the Oakland office for a free, confidential consultation.
Local Resources for Families Affected by This Crash
San Jose Police Department — Traffic Investigations Unit The SJPD Traffic Investigations Unit is the lead agency investigating this fatal DUI crash. Families seeking information on the investigation status or wishing to provide additional information can contact the unit directly. 201 W. Mission St., San Jose, CA 95110 Non-Emergency Line: (408) 277-8900 Facebook Traffic Investigations Unit Direct Line: (408) 277-4654 San Jose Police Department Website: www.sjpd.org Traffic Fatality News & Press Releases: www.sjpd.org/Home/Components/News
City of San José — Department of Transportation, Traffic Safety Division. The City’s Traffic Safety Division handles pedestrian safety studies, crosswalk investigations, and traffic engineering requests along corridors like Almaden Expressway. Families and community members who want to advocate for safety improvements at the crash location can contact this office directly. Email: Traffic.Safety@sanjoseca.gov Phone: (408) 535-3850 City of San José Website: www.sanjoseca.gov/your-government/departments-offices/transportation/safety
Santa Clara County Medical Examiner-Coroner’s Office. This office handles victim identification, cause-of-death investigations, and the release of autopsy reports for cases like this one. Families may contact them to obtain death certificates, autopsy reports, and information about the release of their loved one’s remains. 850 Thornton Way, San Jose, CA 95128 Phone: (408) 793-1900 Santaclaracounty Website: mec.santaclaracounty.gov Reports & Records Requests: mec.santaclaracounty.gov/death-certificate/reports
Santa Clara County District Attorney’s Office — Victim Services Unit The Victim Services Unit’s advocates serve as your connection to prosecutors, law enforcement, and other criminal justice agencies, and help ensure that you have a voice in the criminal justice process. Walk-ins are welcome at Santa Clara County, and all services are free. Santaclaracounty They can also help families apply for financial compensation through the California Victim Compensation Program. 70 W. Hedding St., West Wing, San Jose, CA 95110 Phone: (408) 295-2656 Email: VictimServices@da.sccgov.org Santaclaracounty Website: da.santaclaracounty.gov/victim-services Hours: Monday–Friday, 8:00 AM–5:00 PM
Santa Clara County District Attorney’s Office — Main To follow criminal proceedings against the suspect or get updates on the case status once charges are filed: 70 W. Hedding St., San Jose, CA 95110 San Jose Main: (408) 299-7400 Santaclaracounty Website: da.santaclaracounty.gov
Santa Clara County Main Jail. This is the facility where the suspect was booked following his arrest. The County’s VINE (Victim Information and Notification Everyday) system allows families to receive confidential alerts about an inmate’s custody status, including release or transfer. VINE Notification Line: 1-800-464-3568 (available in English, Vietnamese, and Spanish) Santaclaracounty 885 N. San Pedro St., San Jose, CA 95110 Phone: (408) 808-4400
Silicon Valley Crime Stoppers: If you witnessed the crash on Almaden Expressway and have not yet come forward, you can submit an anonymous tip and may be eligible for a cash reward. Tip Line: (408) 947-STOP (7867) P3TIPS Mobile App: Available on iOS and Android Website: siliconvalleycrimestoppers.org Siliconvalleycrimestoppers If the information you provide leads to an arrest, you are eligible for a cash reward from the Silicon Valley Crime Stoppers program. Siliconvalleycrimestoppers
California Victim Compensation Program (Cal VCP) The state’s Cal VCP can help crime victims and their families recover out-of-pocket costs, including medical expenses, mental health counseling, and funeral costs. The Santa Clara County DA’s Victim Services Unit can assist you in completing the application. Website: victims.ca.gov Phone: 1-800-777-9229
