Published: August 13, 2026
By: Yaghmai Law Firm, APC
(San Jose, CA) – A pedestrian who was hit by a car earlier this month near Tully Road and Lucretia Avenue has died from his injuries, according to San Jose police.
The collision happened on Aug. 4 shortly after noon, when officers were called to a report of a vehicle striking a pedestrian in the area of Tully Road and Lucretia Avenue, police said. Investigators reported that a woman driving a Nissan Sentra was heading west on Tully Road and turning right onto Lucretia Avenue when she struck a man who was crossing Lucretia within a marked crosswalk.
The man was transported to a hospital with life-threatening injuries and was later stabilized, police said. According to the department, the driver stayed at the scene and cooperated with officers.
Police reported that the man later succumbed to his injuries and died on Sunday. His name has not been released. The department said on Tuesday that this was the 14th pedestrian death recorded in San Jose so far this year.
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 Tully Road Pedestrian Collision
When a pedestrian is struck in a marked crosswalk, investigators typically reconstruct the movements of both the vehicle and the person on foot to determine the 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 the pedestrian. How that framework applies here would depend on facts not yet public, such as signal timing, sight lines at the corner, and the position of each party at the moment of impact.
Because the reported turn involved a vehicle moving through a crosswalk, a review might also examine the driver's speed and attentiveness under California's Basic Speed Law, Vehicle Code section 22350, which requires speeds that are reasonable and prudent for the conditions. Under Evidence Code section 669, if evidence were to show that a traffic statute was violated and that the violation was a proximate cause of the injury to someone the law protects, a rebuttable presumption of negligence can arise. None of these questions has been resolved, and no fault determination has been reported.
Civil liability in California turns on ordinary care. Civil Code section 1714 provides that a person is responsible for harm caused by a lack of ordinary care, subject to reductions for a plaintiff's own share of fault. Where more than one party may bear some responsibility, Civil Code section 1431.2 allocates non-economic damages in proportion to each party's percentage of fault. These principles describe the general legal landscape only and do not indicate that anyone here failed to exercise care.
When a collision results in death, California law provides specific avenues for the decedent's family. A wrongful death action may be brought by the heirs identified in Code of Civil Procedure section 377.60, and a survival claim for the losses the decedent sustained before death may proceed through the estate under Code of Civil Procedure section 377.30. The measure of recoverable damages is set out in Civil Code section 3333, which addresses compensation for detriment proximately caused by the wrongful act.
What Families and Pedestrians Can Do
After a fatal pedestrian crash, families can request a copy of the traffic collision report from the investigating agency and take steps to preserve evidence, including photographs of the intersection, any surveillance or dashcam footage, and vehicle data. 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. Because a personal injury or wrongful death claim in California is generally subject to a two-year deadline under Code of Civil Procedure section 335.1, it is worth understanding those timelines early. A family weighing its options may find it helpful to speak with an attorney who can explain rights and next steps. 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. RSS_NBCBAY – Pedestrian struck by vehicle in San Jose dies days later: https://www.nbcbayarea.com/news/local/san-jose-pedestrian-struck-dies/4126973/
