A pedestrian suffered major injuries in a road collision near the intersection of Tully Road and Lucretia Avenue on the afternoon of Tuesday, August 4, 2026. According to the San Jose Police Department, the collision happened at about 12:05 p.m. in the area of Tully Road and Lucretia Avenue.
The San Jose Police Department said one person suffered major injuries in the crash involving a vehicle and a pedestrian. The victim was taken to a nearby hospital for treatment, and police had not yet disclosed that person’s condition at the time of this report. The driver remained at the scene and cooperated with detectives, and the investigation into the cause of the crash is ongoing.
What We Know So Far
Details surrounding the collision remain limited while SJPD’s Traffic Investigations Unit continues its work. What has been confirmed is that a pedestrian was struck in broad daylight in a residential area of San Jose, sustained injuries serious enough to require hospitalization, and that the driver did not flee the scene.
Investigators have not released information about the pedestrian’s direction of travel, whether a crosswalk was involved, or what role speed or visibility may have played.
This is not the first time the Tully Road corridor has witnessed a serious pedestrian collision. A pedestrian crossing Tully Road in East San Jose was struck and killed near Tully Road and Lanai Avenue, just east of U.S. Highway 101, after being hit by a vehicle traveling westbound through the intersection outside of a marked crosswalk.
In another incident, a woman was struck and killed while walking in the eastbound lanes of Tully Road outside of a marked crosswalk near Tully Road and La Ragione Avenue, with one resident who regularly walks the area noting that although the posted speed limit is 35 miles per hour, most drivers travel closer to 45 or 50.
While the circumstances of each incident differ, the recurring pattern of pedestrian collisions along this stretch of roadway underscores the importance of driver vigilance and may become a relevant factor as this investigation moves forward.
California’s Duty of Care Toward Pedestrians
California law requires drivers to exercise a heightened duty of care toward pedestrians. Under California Vehicle Code Section 21950, drivers must yield the right-of-way to pedestrians in marked and unmarked crosswalks, and under Vehicle Code Section 21954, pedestrians outside of crosswalks are still owed reasonable care by approaching drivers.
Under California Civil Code Section 1714, every person is responsible for injuries caused by a failure to exercise reasonable care in the management of their property or actions, which includes the operation of a motor vehicle.
When a pedestrian collision results in major injuries, investigators typically examine several factors, including:
- The driver’s speed at the time of impact
- Weather and lighting conditions
- Whether the pedestrian was in a marked or unmarked crosswalk
- Driver attentiveness and potential distraction
- Sightlines and any obstructions near the intersection
These factors help determine whether the driver acted negligently and whether that negligence contributed to the pedestrian’s injuries.
Understanding Your Legal Options After a Pedestrian Accident
A pedestrian injured in a collision like this one may have the right to pursue a personal injury claim against the at-fault driver. California follows a pure comparative negligence rule, meaning an injured pedestrian may still recover compensation even if they are found partially at fault for the accident, though their recovery may be reduced proportionally.
Under California Code of Civil Procedure Section 335.1, injury victims generally have two years from the date of the incident to file a personal injury lawsuit. If the pedestrian’s injuries prove fatal, California Code of Civil Procedure Sections 377.60 and 377.30 govern wrongful death and survival actions, allowing certain family members or the decedent’s estate to pursue a claim.
A successful personal injury claim can provide compensation for:
- Medical bills, including emergency treatment, surgery, and rehabilitation
- Lost wages and diminished earning capacity
- Pain and suffering
- Ongoing care needs related to permanent injuries
Estimate Your Potential Settlement
Every pedestrian accident case is different, and the value of a claim depends on the severity of the injuries, medical costs, lost income, and the degree of fault involved. Our settlement calculator can provide a general estimate based on details specific to your situation, though only a full case evaluation with an attorney can determine what your claim may actually be worth.
Settlement values in pedestrian accident cases are shaped by a combination of economic and non-economic factors. Economic damages typically include emergency room visits, surgeries, follow-up care, physical therapy, and any long-term rehabilitation the victim may need, as well as wages lost during recovery and any reduction in future earning capacity if the injuries are permanent or disabling.
Non-economic damages include pain and suffering, emotional distress, and the impact of the injury on the victim’s quality of life. Cases involving fractures, traumatic brain injuries, or spinal cord damage tend to carry higher settlement values than those involving soft tissue injuries, given the extent of treatment and long-term impact typically required.
Insurance company involvement can also affect how a claim is valued and negotiated. Insurers often attempt to minimize payouts by disputing fault, questioning the extent of injuries, or pointing to comparative negligence on the part of the pedestrian.
Having an experienced personal injury attorney evaluate the police report, medical records, and any available witness statements can help ensure that a settlement offer accurately reflects the full scope of the harm suffered rather than the insurer’s initial valuation. Because so much depends on the specific facts of each case, victims are encouraged to consult with an attorney before accepting any settlement offer.
Catastrophic Injury Settlement Accident Calculators: How They Help Estimate Settlement Values
A catastrophic injury settlement calculator is a tool designed to give accident victims a preliminary, ballpark estimate of what their claim could be worth based on the specific details they provide, such as medical expenses incurred, lost wages, the severity and permanence of the injury, and the degree of fault attributed to each party.
These calculators typically apply standard multipliers to economic damages, like medical bills and lost income, to account for non-economic harm such as pain and suffering, since catastrophic injuries (including traumatic brain injuries, spinal cord damage, amputations, and severe fractures) often carry long-term consequences that go far beyond the immediate cost of treatment.
While a calculator’s output is not a guarantee of what an insurance company will offer or what a court might award, it provides victims with a useful starting point for understanding the potential scope of their claim before entering settlement negotiations.
It is important to remember that these tools cannot account for every nuance of a case, including comparative negligence disputes, policy limits, or the strength of available evidence, which is why victims should treat calculator estimates as a general reference rather than a final figure.
For a more accurate picture of what a claim may be worth, an experienced personal injury attorney can review the full details of the case, including medical records, accident reports, and long-term prognosis, to provide a more informed and personalized settlement estimate. Call us now at +1-866-218-3776 to speak with the experts.
Injured in a San Jose Pedestrian Accident? GJEL Accident Attorneys Can Help
“Pedestrians have almost no protection when they’re struck by a vehicle, and the injuries that result are often severe and life-altering. Our hearts go out to the victim of this crash and their family during what is undoubtedly a difficult and uncertain time. If you or someone you love has been hurt in a pedestrian accident, our team is here to help you understand your rights and pursue the compensation you deserve.”- Andy Gillin, GJEL Accident Attorneys
If you or a loved one has been injured in a pedestrian accident in San Jose or anywhere in California, you do not have to face the aftermath alone. GJEL Accident Attorneys has recovered over $950 million for injury victims across California and has more than 40 years of experience handling serious injury and wrongful death claims.
We work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today for a free, no-obligation consultation to discuss your legal options. Call +1-866-218-3776 or visit our Fremont office to speak with our team today.
Local Resources for San Jose Pedestrian Accident Victims
San Jose Police Department – Traffic Investigations Unit
Address: 201 W. Mission Street, San Jose, CA 95110
Non-Emergency Line: (408) 277-8900
Website: sjpd.org
The Traffic Investigations Unit handles follow-up investigations for serious injury and fatal collisions within San Jose city limits, including this crash near Tully Road and Lucretia Avenue.
Santa Clara County Superior Court
Address: 191 N. First Street, San Jose, CA 95113
Phone: (408) 882-2100
Website: santaclara.courts.ca.gov
Personal injury and wrongful death claims arising from San Jose collisions are typically filed in this courthouse.
California Highway Patrol – San Jose Area Office
Phone: (408) 671-1000
Website: chp.ca.gov
While this incident was handled by SJPD, CHP assists with regional traffic collision data and reporting throughout Santa Clara County.
