Published: August 25, 2026
By: Yaghmai Law Firm, APC
(San Jose, CA) – A pedestrian died Wednesday from injuries sustained the previous week when he was struck by a vehicle in San Jose, according to police.
The San Jose Police Department reported that the collision took place at 10:12 a.m. on Aug. 13 near the intersection of Blossom Hill Road and Thornwood Drive. Officer Tanya Hernandez said in a news release that an early investigation determined the pedestrian was crossing Blossom Hill Road just west of Thornwood Drive when he was hit by a man driving a 2005 Acura SUV heading eastbound.
The man on foot was transported to a nearby hospital, where he later succumbed to his injuries, Hernandez said. The Santa Clara County Medical Examiner-Coroner's Office plans to release his identity once it is confirmed and his next of kin have been notified.
According to Hernandez, the driver remained at the scene and cooperated with investigators. Police said the death was the city's 15th involving a pedestrian and its 29th overall traffic fatality of 2026. By the same point last year, the department had looked into 21 fatal crashes on city streets.
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 Blossom Hill Road Pedestrian Collision
When a pedestrian is fatally struck, investigators typically reconstruct where the person was crossing, the vehicle's path and speed, sight lines, and signal timing. These details matter because California law divides duties between drivers and pedestrians. Under Vehicle Code section 21950, a driver must yield to a pedestrian crossing within a marked or unmarked crosswalk at an intersection, while the same statute obligates pedestrians to use due care. If a pedestrian is crossing outside a crosswalk, Vehicle Code section 21954 requires yielding to vehicles close enough to be an immediate hazard, yet it still preserves the driver's separate duty of care. Which framework applies here would depend on where, precisely, the crossing occurred.
Speed is another common area of inquiry. The Basic Speed Law, Vehicle Code section 22350, bars driving faster than is reasonable and prudent for conditions such as visibility and traffic. If evidence were to show a driver exceeded a safe speed or violated a right-of-way statute, Evidence Code section 669 can allow a presumption of negligence when the violation proximately causes the kind of harm the statute was meant to prevent and the victim falls within its protected class.
More broadly, California's general negligence principle in Civil Code section 1714 makes a person responsible for harm caused by a lack of ordinary care, reduced by any share of the injured person's own fault. Civil Code section 1431.2 governs how non-economic damages are apportioned according to each party's percentage of fault, meaning the conduct of everyone involved may be weighed. None of these principles establishes what happened in this case; they simply outline the questions a review would examine.
What Families Can Do
Families coping with a fatal pedestrian collision can take several practical steps: obtain the official police report, preserve physical evidence and any nearby surveillance or dashcam footage, and keep records of medical and funeral expenses. California generally allows two years from the date of injury to file a personal injury claim under Code of Civil Procedure section 335.1, and a wrongful death action may be pursued by eligible heirs under Code of Civil Procedure section 377.60, while claims that belonged to the decedent may continue as a survival action under Code of Civil Procedure section 377.30. Because these deadlines and the evidence needed to meet the compensation measure in Civil Code section 3333 can be complex, a family may wish to speak with a qualified attorney early. 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 dies after being hit by driver in San Jose: https://www.mercurynews.com/2026/08/21/pedestrian-dies-after-being-hit-by-driver-in-san-jose-2/