Published: August 12, 2026
By: Yaghmai Law Firm, APC
(San Jose, CA) – A man who was struck by a driver in a San Jose crosswalk earlier this month has since died of his injuries, according to police.
The San Jose Police Department reported that the collision took place around 12:05 p.m. on Aug. 4 at the intersection of Tully Road and Lucretia Avenue. Sgt. Tony Diep described the circumstances in a news release issued Tuesday.
According to Diep, an early investigation indicated that the man was walking across Lucretia Avenue within a marked crosswalk when a 2019 Nissan Sentra turning right onto the street from westbound Tully Road struck him. Police said the driver, a woman, stayed at the scene and cooperated with investigators.
The injured pedestrian was taken to a nearby hospital in life-threatening condition, Diep said. He was later stabilized but died from his injuries on Sunday.
The Santa Clara County Medical Examiner-Coroner's Office is expected to release his identity once it is confirmed and relatives have been notified. Police said the death was the city's 14th pedestrian fatality and its 28th overall traffic death of 2026.
Know Your Rights After a Crash
After a serious crash, California law gives injured people and families limited time to act. Evidence like vehicle data, camera footage, and witness memories fades quickly. A free, no-obligation case review can help you understand your options. Call or text (888) 800-6731, or start a free case review online. Asistencia en español disponible.
Analysis of the San Jose Crosswalk Collision
The following is general legal background and is not a statement about fault in this case, which remains under investigation. When a pedestrian is fatally injured in a marked crosswalk, investigators and civil attorneys typically look closely at right-of-way. California Vehicle Code section 21950 requires drivers to yield to pedestrians crossing within a marked crosswalk, while also placing a duty of due care on pedestrians. How that duty applied to a driver making a right turn is the kind of question that fact-finding would explore.
In a civil claim, the general negligence standard under Civil Code section 1714 asks whether each party exercised ordinary care. If evidence were to show a violation of a traffic statute such as section 21950, Evidence Code section 669 allows a presumption of negligence when that violation proximately caused an injury of the type the statute was meant to prevent and the injured person belonged to the protected class. Speed can also be examined under the Basic Speed Law, Vehicle Code section 22350, which requires drivers to travel at a speed that is reasonable for the conditions.
California applies comparative fault, so Civil Code section 1431.2 governs how any non-economic damages would be apportioned according to each party's share of responsibility. Because a death is involved, the framework for a wrongful death action under Code of Civil Procedure section 377.60 and a survival action under section 377.30 may become relevant, identifying who may bring a claim and what losses may be recovered. The measure of compensable harm is set out in Civil Code section 3333.
What Families and Survivors Can Do
Families coping with a fatal pedestrian collision can take several practical steps: obtain a copy of the official police report, preserve any photographs, video, or vehicle information, and keep records of medical and funeral expenses. Drivers involved in an injury or fatal crash have their own reporting obligations, including a written report to police within 24 hours under Vehicle Code section 20008 and a DMV report under Vehicle Code section 16000. California's two-year deadline for most personal injury actions under Code of Civil Procedure section 335.1 makes timely legal advice important. If you have lost a loved one and want to understand your options, Were you, or someone you love, involved in this crash? A California pedestrian accident attorney at Yaghmai Law Firm can explain your options and deal with the insurance companies for you. Call or text (888) 800-6731 or request a free case review.
About the Author
Houtan Yaghmai, Esq., President & Managing Attorney of Yaghmai Law Firm, APC. California State Bar No. 298487. Speaks English, French, and Persian. The firm represents personal injury clients throughout Southern California – consultations by phone, text, or video, no office visits required.
This post was assembled with AI assistance from publicly reported news sources cited below. All California Vehicle Code references were verified against leginfo.legislature.ca.gov. Facts were re-checked via additional web searches before publication. This post is based on initial news reports and may be updated as new facts develop. Nothing in this article is legal advice. Yaghmai Law Firm, APC is not associated with the investigating agencies and does not represent any party named in this post unless explicitly stated.
Sources:
1. GNEWS_CA_PED – Pedestrian hit by driver last week in San Jose dies from injuries: https://www.mercurynews.com/2026/08/11/pedestrian-hit-by-driver-last-week-in-san-jose-dies-from-injuries/
