San Jose, CA, October 5 – A man has died nearly three weeks after he was struck by a vehicle while crossing South King Road near Biscayne Way in San Jose, according to authorities. He was hospitalized with life-threatening injuries after the September 13 collision and was later stabilized before he died on Friday. His identity has not been released.
San Jose pedestrian struck on South King Road dies three weeks later
The collision happened around 7:50 p.m. on September 13, 2026, near South King Road and Biscayne Way in San Jose. The pedestrian was crossing South King Road outside a marked crosswalk when he was hit by a 2014 Chevrolet SS traveling northbound.
The driver of the Chevrolet stopped at the scene and called 911 following the collision. The man was taken to a local hospital with life-threatening injuries.
Authorities said the victim was stabilized at the hospital, but he later died on Friday, nearly three weeks after the crash. His death came despite the medical attention he received in the weeks following the collision.
The man’s identity has not been released. Further details about the circumstances of the collision, including whether any citations have been issued, have not been made public.
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.
