San Diego, CA, October 31 – A pedestrian died early Saturday morning after being struck by at least one vehicle on the southbound 5 Freeway near the Old Town Avenue on-ramp, according to the California Highway Patrol. CHP said it received reports around 2:39 a.m. on October 31, 2026, of a man walking on the right shoulder and in the traffic lanes against the flow of travel, shortly before reports came in of a pedestrian lying in the roadway. The agency said an investigation into the crash remains underway.
San Diego Pedestrian Killed on Southbound 5 Freeway Near Old Town Avenue
The man had reportedly been walking on the right-hand shoulder and in the travel lanes against the flow of traffic in the area shortly before the crash, the California Highway Patrol said. Moments later, dispatchers received reports of a male pedestrian lying in the roadway on the freeway. It was that report that brought emergency responders to the scene.
A white Toyota Corolla pulled onto the right-hand shoulder with its hazard lights on after the crash, CHP said. Another vehicle was also stopped nearby, but its driver left the scene before authorities could make contact. It remains unclear whether both vehicles were involved in striking the pedestrian. Emergency crews who responded to the scene pronounced the man dead.
It has not been confirmed which vehicle, if any, struck the pedestrian, or why he was walking in the travel lanes against traffic. The man’s identity has not been released, and the California Highway Patrol said no other details were available. The agency said the investigation remains ongoing as it works to determine how the crash occurred.
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.
