San Jose, CA, September 14 – A pedestrian died after being struck by a Tesla early Saturday morning, according to San Jose police. The man was attempting to cross a street outside a marked crosswalk when the Tesla hit him, based on a preliminary investigation into the fatal crash. He died at the scene, and his name has not been released. Police said the investigation into the crash remains active.
San Jose Pedestrian Killed by Tesla on Curtner Avenue Near Stone Avenue
The crash happened around 12:15 a.m. on September 12, 2026, on Curtner Avenue near Stone Avenue, according to police. Investigators said the man was crossing outside of a marked crosswalk when he was struck by a 2016 Tesla Model X traveling westbound. The preliminary investigation has not indicated what led up to the crash beyond the pedestrian’s location in the roadway at the time.
The man was pronounced dead at the scene by responding paramedics, according to police. The driver of the Tesla stopped immediately after the crash and remained there, police said. San Jose police are continuing to investigate, and they said it was not immediately clear whether the driver would face any citations or charges. Investigators have not said what factors contributed to the collision.
The man’s name has not been released by police, and it is unclear whether it will be made public. Investigators have not disclosed what led the man to cross outside of the marked crosswalk, nor have they released further details about the crash. As of this report, no additional updates on the investigation had been made available.
What California law requires of drivers around pedestrians
Vehicle Code section 21950 requires a driver to yield the right of way to a pedestrian crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection. Subdivision (b) is the one people misread: a pedestrian may walk or run, and doing either does not forfeit the right of way.
Subdivision (c) puts a separate duty on the driver. A driver approaching a pedestrian in any crosswalk must exercise all due care and reduce the speed of the vehicle. That duty applies whether or not the pedestrian had the right of way, and subdivision (d) preserves it: nothing in the section relieves a driver of the duty to use due care for the safety of any pedestrian in the roadway.
The deadline that applies to a claim like this one
Code of Civil Procedure section 335.1 gives two years for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. The same two years covers an injury claim and a death claim; there is no separate, shorter period because someone died.
Who is entitled to bring a claim when someone is killed
Code of Civil Procedure section 377.60 decides who may bring a wrongful death action. The first group is the surviving spouse, domestic partner, children and the issue of deceased children, or, where there is no surviving issue, whoever would take the estate by intestate succession.
A second group may bring the action only if they were financially dependent on the person who died: a putative spouse and their children, stepchildren, parents, and the legal guardians of the person who died where the parents are deceased. Parents are in that second group, which is the part families are most often surprised by, because dependency has to be shown rather than assumed.
Talking to someone about it
Culver Legal represents people injured in collisions across California. A conversation about what happened costs nothing, and we work on a contingency fee, which means there is no fee unless we win. If we do not win, we do not pass the case costs on to you either.
Nothing on this page is legal advice about any particular case, and the facts of a reported collision often change as the investigation continues.
