[03-19-2024] Santa Clara County, CA – Elderly Pedestrian Killed Following Suspected DUI Collision Along Highway 101 in San Jose

An elderly pedestrian was killed following a suspected DUI collision in San Jose on Tuesday evening, March 19, 2024.

According to the California Highway Patrol, the fatal incident occurred at about 9:15 p.m. along Highway 101 north of McKee Road.

A 25-year-old woman from San Jose was reportedly driving a 2011 Toyota Camry when she hit an elderly man.

The victim was declared dead at the scene. The woman and her 3-year-old child were unharmed.

The driver was later arrested on suspicion of DUI. The authorities have not released further information about the fatal collision.

Respected San Jose DUI Accident Victim Lawyers Specializing in Pedestrian Accident Cases

Whenever a victim is injured or killed by a negligent driver on the road, they may be entitled to monetary compensation. It is vital to retain a personal injury lawyer when dealing with accidents caused by drunk drivers.

Contact one of our DUI or pedestrian accident lawyers, led by Arash Khorsandi, Esq., for an initial consultation. Arash Law will provide you with a summary of your case, an estimate of your settlement, and an explanation of the insurance claims procedure.

Obtain legal advice from our respected San Jose DUI accident victim lawyers, who have the recognition and experience to represent victims. We have recovered over $500 Million in settlements and verdicts, demonstrating our commitment to justice and financial compensation for our clients in California.

Contact us at (888) 488-1391 or complete the “Do I Have a Case?” form on our website to schedule a free consultation with one of our lawyers.

Top 5 Ways to Protect Yourself After Being a Victim of a DUI Accident in San Jose

No one can predict a car accident, but you can prepare for one. A DUI accident checklist in your glove box can help you stay calm and organized after a car crash. It can tell you what to do, what not to do, and how best to protect your rights.

Whether you are the injured victim or the family of a deceased loved one, here’s what to do after a DUI accident:

1. Don’t Agree or Accept Responsibility. Insurance companies often try to shift some blame onto the injured victims of DUI accidents. By doing so, they reduce the liability of individuals who caused the DUI crash. However, drunk drivers should be held responsible for their actions.
2. Avoid Making a Statement. After an accident, you don’t have to give the insurance company a recorded statement. An insurance adjuster will call you many times, asking for your statement so that they can obtain information against you in the claims process. Ensure that you communicate with the insurance company through your lawyer so that your words are not misinterpreted or twisted.
3. Avoid Opening Settlement Discussions. It is common for insurers to limit the amount of a settlement for an injured victim in cases in which liability is clearly evident. The most common tactic they use to compensate victims of DUI accidents is to offer a quick, lowball settlement. Do not settle your claim for less than what you are entitled to. You can retain the services of a personal injury attorney, who will handle the settlement negotiations for you.
4. Avoid Signing Any Documents. A lawyer should be consulted before signing any documents from an insurance company. Insurance companies often require injured victims to sign a release of their medical records. Do not believe them when they claim that they need a particular document. They are simply seeking information to reduce your compensation. You may not be required to give them full access to your records. By hiring a lawyer, you can ensure that your rights are protected.
5. Consult a DUI Accident Victim Lawyer. There is no reason why you should compete with a large insurance company on your own. Insurers will spend considerable resources to reduce your settlement. A California DUI accident victim lawyer can best protect your rights and interests by dealing with the insurance company exclusively.

I HAD AN ACCIDENT

Fatal DUI Accident Statistics

In the US, drunk driving accidents cause the deaths of 32 people daily, or one every 45 minutes, according to the National Highway Traffic Safety Administration (NHTSA). In 2023, drunk drivers caused approximately 26,373 traffic deaths and injuries in California.

About 539 alcohol-involved fatalities and injuries have been reported in San Jose based on 2023 data from the Transportation Injury Mapping System (TIMS). This is lower than the 554 injuries and fatalities recorded in the previous year.