Author: Andy Gillin Mar 4, 2025

In a fatal pedestrian accident early Sunday morning, March 2, 2025, a pedestrian lost their life after being struck by a vehicle in San Jose. This devastating event occurred around 2:15 a.m. in the 1700 block of South White Road, according to the San Jose Police Department. 

Despite rapid response from emergency personnel, the victim succumbed to their injuries at the scene. During the investigation, the incident prompted authorities to close South White Road between Mt. McKinley Drive and Rocky Mountain Drive.

Fatal Pedestrian Accident on South White Road: Legal Rights and Responsibilities 1

Pedestrian Fatalities in San Jose: A Growing Concern

Pedestrian accidents remain a significant public safety issue in San Jose. These incidents often result in severe injuries or fatalities due to pedestrians’ vulnerability compared to vehicle occupants. Urban areas with high traffic volume, like the South White Road corridor, can present particular dangers to those traveling on foot, especially during nighttime hours when visibility is reduced.

Community advocacy groups have intensified their efforts following this latest tragedy, calling for immediate action rather than further studies. Several local organizations are pushing for Vision Zero policies—a strategy many cities adopt to eliminate all traffic fatalities. 

These advocates point to successful interventions in other California municipalities, including protected pedestrian crossings, reduced speed limits in residential areas, and automated enforcement technologies that have demonstrably reduced pedestrian fatalities.

Factors That Contribute to Nighttime Pedestrian Accidents

Several factors may contribute to pedestrian accidents during early morning hours:

  1. Reduced visibility due to darkness
  2. Driver fatigue or impairment
  3. Speeding in less congested nighttime conditions
  4. Pedestrians wearing dark clothing that’s difficult to see
  5. Potential jaywalking or crossing outside of designated crosswalks

While the specific circumstances of this incident are still under investigation, these common factors often play a role in similar accidents.

Infrastructure issues compound these risks substantially. Transportation safety experts say inadequate street lighting, poorly marked crosswalks, and high-speed corridor designs prioritizing vehicle flow over pedestrian safety create dangerous conditions. 

The 1700 block of South White Road, where this incident occurred, has been previously identified in community meetings as lacking sufficient pedestrian infrastructure despite connecting residential areas to late-night establishments, creating a perfect storm of risk factors for nighttime pedestrian travel.

Legal Responsibilities in Pedestrian Accidents

Both drivers and pedestrians have legal responsibilities on the road. Drivers must maintain vigilance and yield to pedestrians in crosswalks, while pedestrians are expected to use designated crossing areas and obey traffic signals. However, California law generally places a higher duty of care on drivers due to the significant disparity in potential harm.

The ‘comparative negligence’ concept in California often applies in pedestrian accident cases. This legal principle allows for fault to be distributed among multiple parties based on their respective contributions to the accident. 

Even if a pedestrian shares some responsibility—perhaps by crossing outside a designated crosswalk—the driver may still bear significant liability, particularly if they were speeding, distracted, or otherwise negligent. 

Courts will examine factors such as the driver’s speed, attention level, and reaction time alongside the pedestrian’s actions to determine the proportional fault. This nuanced approach means that victims’ families may still recover damages even in cases where the pedestrian’s actions contributed partially to the accident.

What Happens After a Fatal Pedestrian Accident

Following a fatal pedestrian accident, several legal processes typically unfold:

Criminal Investigation

Police will conduct a thorough investigation to determine if criminal charges are warranted. This may include:

  • Collecting witness statements
  • Reviewing surveillance footage, if available
  • Conducting sobriety tests if impairment is suspected
  • Examining vehicle data and physical evidence

Wrongful Death Claims

The family of the deceased pedestrian may have grounds for a wrongful death claim against the driver and potentially other parties if negligence contributed to the accident. These claims can provide compensation for the following:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship and emotional support
  • Medical expenses incurred before death

Insurance Considerations

California’s insurance requirements and claims process can be complex in fatal pedestrian accidents. The deceased’s family may need to navigate claims with multiple insurance policies, including the driver’s auto insurance and potentially their own uninsured/underinsured motorist coverage.

Preventing Pedestrian Fatalities

While we await more details about this specific incident, the tragedy serves as a reminder of the importance of pedestrian safety measures:

  • Enhanced street lighting in high-risk areas
  • Marked crosswalks and pedestrian signals
  • Public education campaigns about pedestrian safety
  • Traffic calming measures in residential areas

Technology is increasingly playing a vital role in pedestrian safety initiatives. Advanced driver assistance systems (ADAS), including pedestrian detection with automatic emergency braking, are becoming standard in newer vehicles and have shown promise in reducing collision severity. 

Similarly, innovative infrastructure solutions like motion-activated crosswalk lighting, pedestrian-specific traffic signals, and mobile alert systems for drivers and pedestrians are being piloted in urban areas with high foot traffic. 

San Jose’s Smart City initiative has identified several corridors, including portions of White Road, for potentially implementing these technologies. While technological solutions aren’t a replacement for careful driving and pedestrian awareness, they provide an additional layer of protection when human attention inevitably falters.

Fatal Car Accident Calculators

Fatal car accident settlement calculators can serve as preliminary tools for families seeking to understand potential compensation values in wrongful death cases. These digital resources typically consider the victim’s age, income, dependents, medical expenses before death, and funeral costs to generate approximate settlement ranges. 

While these calculators cannot account for the unique circumstances of each case or jurisdiction-specific considerations, they offer grieving families a starting point for negotiations with insurance companies. However, it’s crucial to understand that these tools provide only rough estimates. 

An experienced wrongful death attorney can provide a more accurate valuation by considering additional factors like the deceased’s future earning potential, non-economic damages such as loss of companionship, and the specific liability circumstances surrounding the accident on South White Road. 

Settlement calculators should be viewed as educational resources rather than definitive guides to case valuation. Call us now at +1 415-986-4777 for a free legal consultation.

Seeking Legal Guidance After a Pedestrian Fatality

“As someone who has represented accident victims and their families for over 40 years, I understand the profound grief and confusion following a pedestrian fatality. If your loved one was the victim in this tragic South White Road accident, please know that seeking legal counsel isn’t just about compensation—it’s about accountability and prevention. The legal system can feel overwhelming during times of loss, but having experienced representation ensures your family’s rights are protected while you focus on healing. Many families don’t realize California law provides broader protections for pedestrians than they might assume, even in complex nighttime accident scenarios. I encourage you to seek a free, no-obligation consultation to understand your options. No legal action can undo this tragedy, but it can provide financial security and potentially prevent similar accidents in the future.”- Andy Gillin, GJEL Accident Attorney

Families who have lost loved ones in pedestrian accidents often face overwhelming emotional and financial challenges. An experienced personal injury attorney can guide the complex legal process while allowing families to focus on healing. Legal representation ensures that victims’ rights are protected and families receive fair compensation for their devastating loss.

Our compassionate GJEL accident attorneys are always available to discuss your case, and you pay nothing unless we win. Let our experienced legal team shoulder the legal burden while you focus on what matters most – your family’s healing and recovery. Contact us today at +1 415-986-4777 or visit our 

Important Resources and Contact Information

If you’ve been affected by this or similar accidents, the following official resources can assist:

Author Photo

Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.