A tragic pedestrian accident claimed a life in San Jose early Thursday morning, marking the city’s 30th traffic fatality of 2025. The fatal collision occurred on Monterey Road near Edenview Drive, highlighting ongoing concerns about pedestrian safety on one of the city’s busiest corridors.
Details of the Monterey Road Pedestrian Collision
The San Jose Police Department responded to reports of a pedestrian-involved collision at approximately 5:59 a.m. on October 23, 2025. According to the initial investigation, a man driving a silver 2001 Acura sedan was traveling northbound on Monterey Road when he struck a pedestrian who was crossing the street in an eastbound direction.
The impact proved fatal, and the pedestrian was pronounced dead at the scene. The Santa Clara County Medical Examiner-Coroner’s Office has not yet released the victim’s identity, pending notification of next of kin.
Investigators noted that the pedestrian was not using a marked crosswalk at the time of the collision. While the driver initially left the scene, he returned shortly afterward and has been cooperating fully with authorities as they continue their investigation.
Monterey Road: A Corridor with Persistent Safety Concerns
Monterey Road is a major north-south arterial that runs through San Jose, connecting numerous neighborhoods and commercial districts. The corridor has long been identified as a high-injury network street—one where serious and fatal collisions occur with disturbing frequency.
The section near Edenview Drive features multiple lanes of traffic, limited pedestrian infrastructure in some areas, and speeds that can make crossing dangerous, particularly during low-light conditions such as early morning hours. According to San Jose’s Vision Zero initiative, which aims to eliminate traffic fatalities, corridors like Monterey Road require enhanced safety measures, including improved lighting, clearly marked crosswalks, pedestrian islands, and traffic calming features.
This fatal collision represents the 15th pedestrian death in San Jose this year, accounting for exactly half of the city’s total traffic fatalities. This disproportionate impact on pedestrians underscores the vulnerability of those traveling on foot and the urgent need for infrastructure improvements that prioritize their safety.
Understanding the Legal Implications of Pedestrian Accidents
When a pedestrian is struck by a vehicle, California law provides important protections for victims and their families, even in circumstances where the pedestrian may not have been in a crosswalk.
Right-of-Way Laws and Driver Responsibilities
While California Vehicle Code Section 21950 gives pedestrians the right of way within marked or unmarked crosswalks at intersections, drivers still have a duty of care toward all pedestrians. Vehicle Code Section 21950(c) states explicitly that drivers must exercise due care for the safety of any pedestrian on the roadway, regardless of whether that pedestrian is crossing legally.
This means that even if a pedestrian is crossing outside of a designated crosswalk—often referred to as “jaywalking”—drivers must proceed with due regard for that person’s safety. If a driver could have reasonably seen the pedestrian and taken action to avoid a collision, they may still be held legally responsible for the accident.
Hit-and-Run Obligations Under California Law
In this case, the driver initially left the scene but returned shortly afterward. California Vehicle Code Section 20001 requires any driver involved in a collision resulting in injury or death to stop at the scene immediately, provide identifying information, and render reasonable assistance to any injured person.
Leaving the scene of a fatal accident, even temporarily, constitutes a hit-and-run under California law and can result in felony charges carrying substantial prison time. While the driver in this incident did return and is cooperating with investigators, the initial departure could be a factor in both criminal proceedings and any civil liability determination.
Comparative Negligence in Pedestrian Cases
California follows a pure comparative negligence system, which means that even if a pedestrian shares some responsibility for an accident, their family may still recover damages proportional to the driver’s fault. If investigators determine the driver was speeding, distracted, or otherwise negligent—and that this negligence contributed to the collision—the victim’s estate may have grounds for a wrongful death claim.
Factors that could establish driver negligence include:
- Excessive speed for conditions, particularly in early morning darkness
- Failure to maintain a proper lookout for pedestrians
- Distracted driving, including cell phone use
- Driving under the influence of alcohol or drugs
- Inadequate vehicle lighting or maintenance issues
Even if the pedestrian was crossing outside a marked crosswalk, if the driver’s negligence was a substantial factor in causing the death, the family deserves compensation for their loss.
What Families Should Know After a Fatal Pedestrian Accident
Losing a loved one in a pedestrian accident is devastating, and families are often left with overwhelming grief alongside pressing practical and legal questions. Understanding your rights and options during this difficult time is essential.
The Wrongful Death Claims Process
When a pedestrian dies due to another party’s negligence, California law allows certain family members to pursue a wrongful death claim. Under California Code of Civil Procedure Section 377.60, this includes the deceased person’s surviving spouse, domestic partner, children, and, in some cases, other dependents or putative spouses.
A wrongful death claim can seek compensation for:
- Funeral and burial expenses
- Medical costs incurred before death
- Loss of the deceased’s expected financial support
- Loss of companionship, guidance, and affection
- The pain and suffering endured by surviving family members
In addition to a wrongful death claim, the deceased person’s estate may also pursue a survival action for damages the victim could have claimed had they survived, including pain and suffering experienced before death.
Importance of Independent Investigation
While police investigate the criminal aspects of a fatal accident, their investigation may not address all factors relevant to a civil claim. An experienced personal injury attorney will conduct an independent investigation that may include:
- Obtaining traffic camera or business surveillance footage
- Interviewing witnesses who may not have spoken with the police
- Consulting accident reconstruction experts
- Analyzing the driver’s cell phone records for signs of distraction
- Reviewing the driver’s history for prior violations or accidents
- Assessing roadway design defects that may have contributed to the collision
This independent investigation often uncovers evidence critical to establishing liability and maximizing compensation for the family.
Time Limits for Filing Claims
California law imposes strict deadlines for filing wrongful death and personal injury claims. Generally, families have two years from the date of death to file a wrongful death lawsuit. However, if a government entity shares liability—for example, if dangerous roadway conditions contributed to the accident—a formal claim must be filed within six months.
These deadlines are firm, and missing them typically means losing the right to pursue compensation entirely. This is why it’s essential to consult with an attorney as soon as possible after a fatal accident, even while the criminal investigation is still ongoing.
Understanding Settlement Values in Fatal Pedestrian Accidents
Families dealing with the loss of a loved one in a pedestrian accident often have questions about the potential value of a wrongful death claim. While every case is unique and depends on specific circumstances, understanding the factors that influence settlement amounts can help families make informed decisions.
Wrongful death settlements in pedestrian cases typically consider:
Economic Damages: These include quantifiable financial losses, such as funeral and burial costs (typically $7,000-$15,000), medical expenses incurred before death, loss of the deceased’s expected future earnings, loss of benefits the deceased would have provided, and loss of household services the deceased performed.
Non-Economic Damages: These address intangible losses, including loss of companionship and consortium, loss of guidance and moral support (particularly significant when children lose a parent), emotional distress and mental anguish, and loss of the deceased’s affection and care.
Several factors can significantly impact the value of a pedestrian wrongful death case:
The deceased’s age and earning capacity often correlate with higher economic damages for younger victims with decades of expected income ahead. The driver’s degree of fault matters considerably—cases involving egregious negligence, such as DUI or excessive speed, typically result in higher settlements.
The strength of evidence, including video footage, witness testimony, and accident reconstruction analysis, directly affects settlement leverage. Insurance policy limits may cap available compensation unless additional sources of recovery exist. The jurisdiction and venue can influence potential jury awards, with some counties historically awarding higher damages in wrongful death cases.
In California pedestrian fatality cases, settlements can range from hundreds of thousands to several million dollars depending on these factors. Cases involving young parents with dependent children, apparent driver negligence, and substantial insurance coverage typically settle at the higher end of this spectrum.
How GJEL Accident Attorneys Can Help Your Family
GJEL Accident Attorneys has been representing California families in wrongful death cases for over four decades. Our approach combines compassionate client service with aggressive advocacy to ensure families receive the justice and compensation they deserve.
When you work with GJEL, you can expect:
Comprehensive Case Investigation: Our legal team conducts thorough independent investigations, working with accident reconstruction experts, traffic engineers, and other specialists to build the strongest possible case for your family.
No Upfront Costs: We handle all pedestrian accident cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. We advance all costs of investigation and litigation, removing financial barriers to accessing quality legal representation.
Personalized Attention: We understand that behind every case is a family dealing with profound loss. We take time to understand your loved one’s life, your family’s needs, and your concerns throughout the legal process.
Proven Track Record: GJEL has recovered over $1 billion in compensation for clients throughout California, with numerous multi-million dollar verdicts and settlements in pedestrian accident cases.
Trial-Ready Representation: While many cases settle, insurance companies offer better settlements when they know your attorney is prepared to take the case to trial. Our trial attorneys have extensive courtroom experience and aren’t afraid to fight for full compensation before a jury.
If your family has lost a loved one in a pedestrian accident, we encourage you to contact us for a free, confidential consultation. We’ll review the circumstances of your case, explain your legal options, and help you understand the best path forward—with no obligation and no cost to you.
Toward Safer Streets: San Jose’s Ongoing Challenge
This fatal collision on Monterey Road represents far more than a statistic—it’s a life lost, a family devastated, and a community reminder that San Jose’s streets remain dangerously hostile to pedestrians. With fifteen pedestrian deaths already this year, the city is falling short of its Vision Zero commitment to eliminate traffic fatalities.
Meaningful progress requires comprehensive action, including engineering solutions such as protected crosswalks, pedestrian refuge islands, and traffic calming measures on high-injury corridors; enforcement of speed limits and distracted driving laws; education campaigns that highlight driver responsibility for pedestrian safety; and policy changes that prioritize pedestrian safety in street design decisions.
Until San Jose implements these changes systematically across its high-injury network, pedestrians will continue to die on streets like Monterey Road—and families will continue to face the devastating consequences of preventable tragedies.
Using Fatal Pedestrian Accident Settlement Calculators
While no calculator can fully capture the value of a life lost, fatal pedestrian accident settlement calculators serve as helpful starting points for families trying to understand potential compensation. These tools typically request information about the deceased’s age, occupation, annual income, number of dependents, and the circumstances of the accident to generate estimated settlement ranges. The calculator works by combining economic factors—such as projected lifetime earnings, benefits, and household services the deceased would have provided—with average non-economic damage awards for loss of companionship, guidance, and emotional support in similar cases.
However, it’s crucial to understand that these calculators provide only rough estimates and cannot account for unique factors that significantly impact case value, such as the driver’s degree of negligence, the strength of available evidence, the emotional impact on surviving children, or the skill of your legal representation.
Additionally, calculators cannot factor in punitive damages that may be available in cases involving especially reckless conduct, nor can they account for insurance policy limits that may cap recovery. While settlement calculators offer a general framework for understanding how wrongful death damages are calculated, they should never replace consultation with an experienced attorney who can evaluate the specific facts of your case.
Identify all potential sources of compensation, and develop a strategy to maximize your family’s recovery. At GJEL Accident Attorneys, we provide personalized case evaluations that go far beyond what any automated calculator can offer, ensuring families understand the actual value of their claims and receive the full compensation they deserve. Call us now at +1-866-218-3776 to speak with our experts.
Take Action Today – Get the Help You Deserve
“Losing someone you love in a pedestrian accident is absolutely devastating, and the circumstances of this collision make it even more painful for the family. The fact that the driver initially left the scene, even though he returned, raises serious questions about his state of mind and actions that morning. I want families to understand something important: even though their loved one wasn’t in a marked crosswalk, that doesn’t mean the driver is off the hook. California law requires drivers to exercise care for ALL pedestrians on the roadway, regardless of where they’re crossing. Was the driver paying attention? Was he speeding? Could he have seen the pedestrian and stopped in time? These are questions that need answers. Every pedestrian has the right to cross the street safely, and every family deserves answers when that right is taken away. If you’ve lost someone in a pedestrian accident, don’t hesitate to get in touch with us. We’ll conduct our own investigation, fight to uncover the truth, and hold the responsible party accountable. You deserve justice, and your family deserves support during this impossible time. Don’t let insurance companies minimize your loss—let us fight for the full compensation your family needs and deserves.”- Andy Gillin, GJEL Accident Attorneys
If your family has been affected by a pedestrian accident in San Jose or anywhere in California, GJEL Accident Attorneys is here to help. Our experienced wrongful death attorneys will fight to hold negligent parties accountable and secure the compensation your family deserves. We work on a contingency fee basis—you pay nothing unless we win your case.
However, it’s essential to note that factors such as the severity of injuries, the long-term impact on quality of life, and the defendant’s level of negligence can significantly influence the final settlement value. An experienced GJEL can provide a more accurate assessment based on their knowledge of similar cases and current legal precedents.
Remember, prioritizing healing and recovery should be your top concern in the aftermath of such tragic events. Let experienced legal professionals handle the complexities of your case and fight for the justice and compensation you deserve. At GJEL Accident Attorneys, we have years of experience fighting for the little guy and securing the settlements and compensation you deserve.
Contact GJEL Accident Attorneys today for a free, no-obligation consultation. Call us at +1-866-218-3776 or visit our Concord office to schedule your consultation. Remember, California has time limits for filing a claim, so acting promptly is crucial.
At GJEL Accident Attorneys, we’re more than just lawyers – your advocates, support system, and path to justice. Let us help you take the first step towards recovery and peace of mind. Call us now to talk to the experts!
Resources for San Jose Pedestrian Accident Victims and Families
If you or someone you know has been affected by a pedestrian accident in San Jose, the following resources can provide assistance and support:
San Jose Police Department – Traffic Investigations Unit
201 W. Mission Street, San Jose, CA 95110
Non-Emergency: (408) 277-8900
Website: www.sjpd.org
Santa Clara County Medical Examiner-Coroner’s Office
850 Thornton Way, San Jose, CA 95128
Phone: (408) 793-1900
Website: www.sccgov.org/sites/mec
Santa Clara Valley Transportation Authority (VTA)
3331 North First Street, San Jose, CA 95134
Customer Service: (408) 321-2300
Website: www.vta.org
Walk San Jose (Pedestrian Advocacy Organization)
Website: www.walksanjose.org
Contact: info@walksanjose.org
California Office of Traffic Safety
2208 Kausen Drive, Suite 300, Elk Grove, CA 95758
Phone: (916) 509-3030
Website: www.ots.ca.gov
Victim Compensation Board
P.O. Box 3036, Sacramento, CA 95812-3036
Phone: (800) 777-9229
Website: www.victims.ca.gov
National Highway Traffic Safety Administration (NHTSA)
Vehicle Safety Hotline: (888) 327-4236
Website: www.nhtsa.gov
