Police responded to an accident on Story Road near Diana Avenue in East San Jose. Witnesses stated that the pedestrian walked into traffic when a gray Infiniti sedan traveling in the slow lane hit him. The pedestrian was pronounced dead at the scene of the crash at about 12:18 a.m. The driver stopped and cooperated with law enforcement after the crash.
Normally, when a pedestrian is hit by a car, a personal injury lawsuit or wrongful death lawsuit is likely appropriate. However, when the pedestrian is not walking in the crosswalk and simply walks into traffic, a suit may not be the best idea. This is because the pedestrian will be at least partially liable for the accident because they foolishly stepped out of the crosswalk. In fact, if the pedestrian steps out of the crosswalk, the driver who hit them may not even be cited for the incident.
For pedestrians, it is very important that you walk in the crosswalk every time to avoid an accident. If you are hit, your legal options are much greater if you were walking in the crosswalk. The family of this pedestrian may still have a wrongful death case. They will need to speak to an experienced wrongful death attorney so they can fully evaluate their legal options.
If you or someone you love has been involved in an accident, contact Needham Kepner & Fish to discuss your legal options.