On the evening of January 25, 2026, a tragic hit-and-run collision claimed the life of an adult male pedestrian on South Bascom Avenue near Borello Drive in San José. The incident, which occurred around 6:03 PM, has left a family grieving and a community searching for answers as police continue their investigation into the unknown driver who fled the scene.
This senseless tragedy represents yet another devastating reminder of the dangers pedestrians face on busy San José roadways, particularly during evening hours when visibility is reduced. The cowardly decision by the driver to flee the scene rather than render aid or call for help has compounded the family’s suffering, leaving them without answers about who took their loved one’s life and why that person chose to run rather than face responsibility for their actions.
As investigators work tirelessly to identify the suspect vehicle and driver, the victim’s family must now navigate the painful process of planning a funeral while grappling with the shock and injustice of losing someone to a hit-and-run collision. The San José community has rallied to support the investigation, with residents expressing outrage that a driver could strike a pedestrian and callously leave them to die on the roadway without attempting to help or even stopping to face the consequences of their actions.
Details of the Fatal Hit-and-Run Collision
San José Police Department Patrol Officers initially responded to the intersection of South Bascom Avenue and Borello Drive following a report of an injured person in need of a welfare check. Upon arrival, officers quickly determined that the victim’s injuries were the result of a traffic collision rather than another type of incident.
According to the preliminary investigation conducted by the San José Police Department, an unknown vehicle traveling southbound on South Bascom Avenue struck an adult male pedestrian who was walking in the roadway outside of any marked crosswalk. The force of the impact caused severe injuries to the victim, who was immediately transported to a local hospital for emergency medical treatment.
Despite the efforts of medical personnel, the pedestrian succumbed to his injuries and was pronounced deceased at the hospital. The identity of the victim has not been publicly released pending notification of next of kin.
Most troubling about this collision is that the driver of the vehicle responsible for striking the pedestrian fled the scene before police arrived. Authorities have not released any description of the suspect vehicle, and the investigation remains ongoing as detectives work to identify both the vehicle and driver involved in this fatal hit-and-run.
Understanding Hit-and-Run Laws in California
Hit-and-run accidents represent some of the most devastating traffic incidents because they compound tragedy with injustice. Under California law, all drivers involved in a collision resulting in injury or death are required to stop at the scene immediately, provide their information, and render reasonable assistance to injured parties.
California Vehicle Code Section 20001 specifically addresses hit-and-run accidents involving injury or death. This statute requires that any driver involved in an accident resulting in injury to or death of any person must:
- Immediately stop the vehicle at the scene of the accident
- Provide their name, current residence address, driver’s license, vehicle registration, and insurance information to the injured party or law enforcement
- Render reasonable assistance to any injured person, including arranging for medical treatment if necessary
Violating these requirements constitutes a felony offense when the collision results in injury or death to another person. Penalties for felony hit-and-run in California can include:
- Imprisonment in a state prison for two, three, or four years
- Fines ranging from $1,000 to $10,000
- Restitution payments to victims and their families
- Permanent revocation of driving privileges
- A permanent felony conviction is on the offender’s criminal record
When a driver flees the scene of a fatal collision, they rob the victim’s family of immediate answers and often critical evidence. These cases are particularly heartbreaking because families are left not only grieving their loved one but also seeking basic information about what happened and who was responsible. California law treats hit-and-run fatalities as serious felonies precisely because fleeing the scene demonstrates a callous disregard for human life. Beyond criminal penalties, hit-and-run drivers can face significant civil liability for wrongful death and the damages their actions caused.
Pedestrian Safety Concerns on South Bascom Avenue
South Bascom Avenue is a major arterial road running through San José, connecting various neighborhoods and commercial districts. The roadway carries a significant traffic volume throughout the day and evening, making pedestrian safety a critical concern in the area.
While the victim in this case was reportedly walking outside of a marked crosswalk, California law establishes that pedestrians have rights throughout the roadway, not just at designated crossing locations. Drivers must exercise reasonable care for the safety of pedestrians at all times, regardless of where they are positioned on or near the roadway.
Several factors contribute to pedestrian vulnerability on busy arterials like South Bascom Avenue:
High Traffic Speeds: Major thoroughfares often have higher speed limits, reducing drivers’ reaction time when encountering pedestrians and increasing the severity of injuries in collisions.
Limited Lighting: Evening and nighttime conditions, as existed at the time of this 6:03 PM incident in January, can significantly reduce visibility for both drivers and pedestrians, particularly during winter months when darkness falls earlier.
Wide Roadways: Multi-lane roads like South Bascom Avenue present particular challenges for pedestrians attempting to cross, as they must navigate multiple lanes of traffic traveling in both directions.
Distracted Driving: Despite California’s strict hands-free device laws, distracted driving remains a significant factor in pedestrian accidents, particularly during evening commute hours when this collision occurred.
California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk. Moreover, drivers have a duty of care to watch for and avoid striking pedestrians, even when those pedestrians are not in a crosswalk.
Legal Rights of Pedestrian Accident Victims and Their Families
When a pedestrian is killed in a traffic collision, the victim’s surviving family members may have legal rights to pursue compensation through a wrongful death claim. In hit-and-run cases, these claims become more complex but remain viable through various avenues.
Wrongful Death Claims in Pedestrian Accidents
Under California Code of Civil Procedure Section 377.60, the following individuals may file a wrongful death claim:
- The deceased victim’s surviving spouse or domestic partner
- The victim’s surviving children
- If there is no surviving spouse or children, the victim’s parents or other individuals who would be entitled to the victim’s property under intestate succession laws
- Anyone financially dependent on the deceased victim
Wrongful death claims in pedestrian fatalities may include compensation for:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of the deceased’s expected financial support and contributions
- Loss of companionship, guidance, and emotional support
- The deceased’s pain and suffering before death (through a survival action)
Losing a family member in a preventable traffic accident is devastating beyond measure. While no amount of compensation can truly replace a loved one, wrongful death claims serve the important purpose of holding responsible parties accountable and providing families with financial resources during an impossibly difficult time. In hit-and-run cases, families often don’t know where to turn, but there are legal pathways to pursue justice and compensation even when the at-fault driver initially escapes.
Pursuing Compensation in Hit-and-Run Cases
Hit-and-run accidents present unique challenges for victims’ families seeking compensation, but California law provides several potential avenues for recovery:
Uninsured Motorist Coverage: If the victim or a family member maintains automobile insurance with uninsured motorist (UM) coverage, this coverage typically extends to hit-and-run accidents. UM coverage is designed to compensate victims when they are injured by drivers who lack insurance or cannot be identified, as in hit-and-run situations.
Personal Assets of the At-Fault Driver: If the hit-and-run driver is eventually identified and apprehended, the victim’s family may pursue compensation directly from the driver’s personal assets, insurance policy, or both.
Third-Party Liability: In some cases, additional parties may share liability for a pedestrian fatality. For example, if poor roadway design, inadequate lighting, or missing traffic control devices contributed to the accident, governmental entities responsible for road maintenance may bear partial responsibility.
California Victim Compensation Program: The California Victim Compensation Board provides financial assistance to victims of violent crimes, which can include hit-and-run fatalities. While this program offers more limited compensation than civil claims, it can provide immediate assistance with funeral expenses and other costs while families pursue other legal remedies.
Time is critical in hit-and-run cases. Evidence can disappear, witnesses’ memories fade, and surveillance footage is often deleted or overwritten within days or weeks. Families should consult with an experienced pedestrian accident attorney as soon as possible to preserve evidence and protect their legal rights.
Investigation and Evidence in Hit-and-Run Fatalities
The San José Police Department’s investigation into this fatal hit-and-run collision will likely involve multiple investigative techniques and evidence sources:
Witness Interviews: Officers will seek to identify and interview anyone who witnessed the collision or observed vehicles in the area around the time of the incident. Even witnesses who didn’t see the actual impact may have observed a vehicle fleeing the scene or driving erratically.
Surveillance Footage: Investigators will canvass the area for security cameras from nearby businesses and residences, as well as traffic cameras, that may have captured the collision or the suspect vehicle before or after the incident.
Vehicle Evidence: Debris from the suspect vehicle left at the scene, including paint chips, glass fragments, or automotive parts, can help investigators identify the make, model, and color of the vehicle involved.
Physical Evidence: The location and nature of the victim’s injuries, damage to roadway infrastructure, and the position of evidence at the scene all help investigators reconstruct the collision and determine vehicle speed, trajectory, and other factors.
Digital Records: Electronic toll records, license plate reader data, and cell phone location data can sometimes help investigators identify vehicles that were in the area at the time of the collision.
The San José Police Department urges anyone with information about this fatal hit-and-run to come forward. Even seemingly minor details can prove crucial to identifying the responsible driver and bringing them to justice.
How GJEL Accident Attorneys Can Help Hit-and-Run Victims’ Families
At GJEL Accident Attorneys, we understand the unique pain and frustration that families experience after losing a loved one in a hit-and-run accident. Our experienced legal team has successfully represented numerous families in pedestrian fatality cases, securing the compensation and accountability they deserve.
Our approach to hit-and-run pedestrian death cases includes:
Immediate Investigation: We work quickly to preserve evidence, identify witnesses, and document the accident scene before critical evidence disappears. Our investigators often uncover information that helps law enforcement identify hit-and-run drivers.
Insurance Claim Navigation: We handle all communications with insurance companies regarding uninsured motorist claims, ensuring that families receive the maximum compensation available under their policies.
Comprehensive Damage Assessment: We work with economists, medical experts, and other professionals to fully document the financial and emotional losses your family has suffered, ensuring that any settlement or verdict reflects the actual value of your claim.
Aggressive Advocacy: Whether negotiating with insurance companies or presenting your case to a jury, we provide aggressive, skilled representation focused on achieving justice for your family.
Hit-and-run cases require immediate action and specialized expertise. Families shouldn’t have to navigate the complex legal and insurance systems alone while grieving. Our team handles every aspect of the legal process so families can focus on healing and honoring their loved one’s memory. GJEL has helped countless California families find justice after senseless traffic fatalities, and we’re committed to holding negligent and criminal drivers accountable.
Our Commitment: No Fees Unless We Win
GJEL Accident Attorneys represents all pedestrian accident and wrongful death clients on a contingency fee basis. This means:
- No upfront costs: You pay nothing to hire our firm or begin your case
- No fees unless we win: We only collect attorney fees if we successfully recover compensation for your family
- No out-of-pocket expenses: We advance all case expenses, including investigation costs, expert witness fees, and filing fees
- Free case evaluation: We provide a comprehensive assessment of your legal options at no cost or obligation
This approach ensures that every family, regardless of their financial situation, can access experienced legal representation when they need it most.
Pedestrian Safety Tips for San José Residents
While drivers bear primary responsibility for watching for and yielding to pedestrians, individuals walking in San José can take steps to enhance their safety:
- Use marked crosswalks whenever possible: Designated crossing locations provide the safest places to cross busy roads
- Increase visibility at night: Wear reflective or light-colored clothing when walking during evening hours
- Make eye contact with drivers: Before crossing in front of a vehicle, ensure the driver has seen you and is yielding
- Avoid distractions: Put away mobile phones and remove headphones when crossing streets or walking near traffic
- Follow pedestrian signals: Obey walk/don’t walk signals at controlled intersections
- Look both ways multiple times: Before entering the roadway, look left, right, and left again, continuing to scan for vehicles as you cross
- Never assume drivers see you: Defensive pedestrian behavior can prevent accidents even when drivers are negligent
Despite these precautions, pedestrians remain vulnerable to negligent, distracted, and reckless drivers. When tragedy strikes, experienced legal representation can make a significant difference in the outcome of a case.
Understanding Fatal Hit-and-Run Accident Settlement Calculators
Fatal hit-and-run accident settlement calculators are valuable tools that help surviving family members understand the potential compensation they may be entitled to pursue in a wrongful death claim. These calculators take into account numerous factors that California courts consider when determining damages, including the deceased victim’s age, income, life expectancy, and the number of dependents left behind.
By inputting information such as the victim’s annual earnings, employment benefits, household contributions, and the emotional relationship shared with surviving family members, these calculators provide an estimated range of potential settlement values. The calculators typically factor in both economic damages—such as lost wages, benefits, funeral expenses, and medical bills incurred before death—and non-economic damages, including loss of companionship, guidance, protection, and the emotional suffering experienced by surviving family members.
While these calculators cannot account for every unique aspect of a case or guarantee a specific outcome, they serve as an essential starting point for families to understand the financial implications of their loss and the scope of compensation they may be entitled to. Settlement calculators provide families with a general framework for understanding the value of their case, but every wrongful death claim is unique.
Factors like the circumstances of the accident, the strength of available evidence, the victim’s relationship with survivors, and the insurance coverage available all significantly impact final settlement amounts. These tools are helpful for initial planning, but families should always consult with an experienced wrongful death attorney who can provide a comprehensive evaluation based on the specific details of their case and our firm’s track record of results in similar matters. Call us now at +1-866-218-3776 to speak with our experts.
Take Action Today – Get the Help You Deserve
“When a driver strikes a pedestrian and then flees the scene, they leave behind not just a victim, but a devastated family searching desperately for answers and justice. If you’ve lost a loved one in a hit-and-run accident, please know that you don’t have to face this nightmare alone. Even though the driver fled, there are still legal pathways to pursue compensation and accountability—whether through uninsured motorist coverage, ongoing police investigations that may identify the driver, or other avenues we can explore together. Time is absolutely critical in these cases because evidence disappears quickly and witnesses’ memories fade. I encourage any family affected by this heartbreaking South Bascom Avenue tragedy, or any hit-and-run fatality, to reach out to our team immediately for a free consultation. We’ll investigate every possible lead, work alongside law enforcement, and fight tirelessly to secure the justice and financial compensation your family deserves. Remember, we handle all wrongful death cases on a contingency fee basis—you pay nothing unless we win. Your family’s healing is the priority, and we’re here to shoulder the legal burden so you can focus on honoring your loved one’s memory.”- Andy Gillin, GJEL Accident Attorneys
If your family is grieving the loss of a loved one in this tragic South Bascom Avenue hit-and-run or any pedestrian fatality in San José or throughout California, GJEL Accident Attorneys is ready to fight for the justice and compensation you deserve. We understand that the last thing you need during this devastating time is the added stress of worrying about legal fees or upfront costs.
That’s why we handle every wrongful death and pedestrian accident case on a 100% contingency fee basis—meaning you pay absolutely nothing unless we successfully recover compensation for your family. There are no consultation fees, no retainer costs, no hourly billing, and no out-of-pocket expenses for investigations, expert witnesses, or court filings.
We advance all costs ourselves and only collect our attorney fees from the settlement or verdict we secure on your behalf. This “no win, no fee” structure ensures that every family, regardless of their financial situation, has access to experienced, aggressive legal representation when they need it most. Don’t let financial concerns prevent you from seeking justice for your loved one.
Contact GJEL Accident Attorneys today at +1-866-218-3776 or visit our San Francisco office for your free, confidential case evaluation, available 24/7. Our compassionate legal team will listen to your story, explain your rights, and outline a clear path forward—all at no cost and with no obligation. Time is critical in hit-and-run cases, so call now and let us begin fighting for your family immediately.
Local Resources for San José Pedestrian Accident Victims and Their Families
Families affected by this tragic South Bascom Avenue hit-and-run collision or similar pedestrian accidents in San José can access critical support, information, and assistance through the following local and state resources:
Law Enforcement and Traffic Safety Agencies
San José Police Department
- Non-Emergency Line: (408) 277-8900
- Traffic Investigations Unit: (408) 277-4654
- Online Reporting: www.sjpd.org
- Address: 201 W. Mission Street, San José, CA 95110
- Hours: 24/7 emergency services
- Services: Traffic collision investigations, victim assistance referrals, crime reports
California Highway Patrol (CHP) – San Jose Area Office
- Phone: (408) 467-5400
- Address: 565 Renzo Drive, San Jose, CA 95127
- Website: www.chp.ca.gov
- Services: Highway accident investigations, traffic safety programs, collision reports
Santa Clara County Sheriff’s Office
- Non-Emergency: (408) 808-4400
- Address: 55 W. Younger Avenue, San Jose, CA 95110
- Website: www.sccgov.org/sheriff
- Services: Unincorporated area accident response, victim services
Medical Examiner and Coroner Services
Santa Clara County Medical Examiner-Coroner’s Office
- Phone: (408) 793-1900
- Fax: (408) 793-1909
- Address: 850 Thornton Way, San José, CA 95128
- Website: www.sccgov.org/coroner
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
- Services: Death investigations, autopsy reports, next of kin notifications, property release
Victim Support and Compensation Services
Santa Clara County District Attorney’s Office – Victim Services Unit
- Phone: (408) 295-2656
- Crisis Line: (408) 299-7500 (24/7)
- Address: 70 W. Hedding Street, West Wing, 2nd Floor, San José, CA 95110
- Website: www.sccgov.org/da/victimservices
- Services: Crisis counseling, court accompaniment, victim compensation assistance, resource referrals
California Victim Compensation Board (CalVCB)
- Toll-Free: 1-800-777-9229
- TTY: 1-800-735-2929
- Website: www.victimsofcrime.ca.gov
- Online Application: www.victims.ca.gov/apply
- Services: Financial assistance for funeral/burial costs, medical expenses, mental health counseling, lost wages, relocation assistance
- Eligibility: Victims of violent crimes, including hit-and-run fatalities
Crime Survivors Resource Center
- Phone: (916) 455-6655
- Toll-Free: 1-800-VICTIMS (1-800-842-8467)
- Website: www.crimevictims.org
- Services: Free legal assistance, support groups, resource navigation, rights advocacy
Transportation and Traffic Safety Organizations
Santa Clara Valley Transportation Authority (VTA)
- Customer Service: (408) 321-2300
- Address: 3331 North First Street, San José, CA 95134
- Website: www.vta.org
- Services: Public transit information, pedestrian safety initiatives, traffic planning
City of San José Department of Transportation (DOT)
- Phone: (408) 535-3850
- Address: 200 E. Santa Clara Street, 6th Floor, San José, CA 95113
- Website: www.sanjoseca.gov/transportation
- Services: Traffic safety concerns, street maintenance, pedestrian infrastructure, Vision Zero program
Silicon Valley Bicycle Coalition (SVBC)
- Phone: (408) 287-7259
- Address: 304 S. White Road, San José, CA 95127
- Website: www.bikesiliconvalley.org
- Services: Pedestrian and cyclist safety advocacy, education programs, infrastructure improvements
Grief Support and Counseling Services
Mothers Against Drunk Driving (MADD) – Silicon Valley Office
- Phone: (408) 246-6233
- National 24-Hour Helpline: 1-877-MADD-HELP
- Website: www.madd.org
- Services: Victim support groups, court accompaniment, emotional support, victim impact panels
The Compassionate Friends – South Bay Chapter
- Support Line: (408) 778-4120
- Website: www.tcfsouthbay.org
- Services: Free peer support for families after loss of a child, sibling support, and monthly meetings
Hospice of the Valley
- Phone: (408) 559-5600
- Address: 2350 Mission College Boulevard, Suite 600, Santa Clara, CA 95054
- Website: www.hospicevalley.org
- Services: Grief counseling, bereavement support groups, children’s grief programs
Kaiser Permanente Grief Support Services (for Kaiser members)
- Phone: (408) 236-6400
- Website: www.kp.org
- Services: Individual counseling, grief support groups, online resources
Legal Resources and Information
Santa Clara County Bar Association – Lawyer Referral Service
- Phone: (408) 971-6822
- Website: www.sccba.com
- Services: Attorney referrals, legal advice consultations, pro bono resources
Legal Aid Society of Santa Clara County
- Phone: (408) 998-5298
- Website: www.legalaidsociety.org
- Services: Free legal assistance for qualifying low-income individuals
State Bar of California
- Toll-Free: 1-800-843-9053
- Website: www.calbar.ca.gov
- Services: Attorney verification, complaint filing, legal resources
Additional Support Organizations
211 Santa Clara County
- Dial: 211 (24/7 helpline)
- Phone: (408) 277-8211
- Website: www.211scc.org
- Services: Comprehensive community resource referrals, crisis support, multilingual assistance
American Red Cross – Silicon Valley Chapter
- Phone: (408) 577-1000
- Address: 2731 North First Street, San José, CA 95134
- Website: www.redcross.org/siliconvalley
- Services: Emergency assistance, disaster relief, support services
National Center for Victims of Crime
- Toll-Free: 1-855-4-VICTIM (1-855-484-2846)
- Website: www.victimsofcrime.org
- Services: National victim assistance, resources, referrals, advocacy
These resources provide comprehensive support ranging from immediate crisis intervention to long-term grief counseling and legal assistance. Many services are available free of charge or on a sliding scale basis, ensuring that all families affected by traffic tragedies have access to the help they need during this difficult time. Don’t hesitate to reach out—these organizations exist specifically to support families like yours through unimaginable loss.
