A San Jose DUI crash on Highway 101 left one pedestrian dead. Authorities also arrested the female driver suspected of DUI. A San Jose DUI crash on Highway 101 left one pedestrian dead. Authorities also arrested the female driver suspected of DUI.

San Jose DUI Crash Left Pedestrian Fatal, Driver Arrested

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San Jose DUI Crash Killed One Pedestrian, DUI Driver Arrested

San Jose, CA (March 21, 2024) – A San Jose DUI crash left one pedestrian dead. Authorities also arrested the female driver suspected of DUI. According to ABC7, the police responded to the crash around 9:15 p.m. on Tuesday. 

A San Jose DUI crash on Highway 101 left one pedestrian dead. Authorities also arrested the female driver suspected of DUI.

San Jose DUI Crash: Pedestrian Fatal, Driver Arrested

A San Jose DUI crash on Tuesday led to the death of a pedestrian and the arrest of a female driver. 

According to California Highway Patrol, The incident occurred north of McKee Road, where 25-year-old San Jose resident Justine Rivas was driving north on Highway 101 in a 2011 Toyota Camry in the HOV lane when she allegedly struck an elderly pedestrian.

The victim, a man whose identity has not been disclosed, succumbed to his injuries at the scene.

Meanwhile, the woman, suspected to be under the influence of drugs or alcohol, has been detained at the Santa Clara County jail on $175,000 bail, according to jail records.

Additionally, CHP officials stated that a 3-year-old boy was also in the car with the woman at the time of this San Jose DUI crash.

J&M Tip: In California, it is against the law to drive while impaired by drugs or alcohol. Suppose a driver who is under the influence causes an accident that leads to injuries or fatalities. In that case, they are accountable for compensating for both the monetary and non-monetary losses suffered.

Google Map of the Pedestrian Accident in San Jose, CA

More About Pedestrian Accident Liability

Pedestrians usually get major to fatal injuries in pedestrian accidents, such as in this San Jose DUI crash. Sometimes, they can even cause death. When it comes to liability, it can fall on the pedestrian or driver based on various factors of the accident. Proving liability can become vague or obvious. The process generally involves finding out who acted carelessly, causing the accident. Any Los Angeles personal injury or accident lawyer will tell you that you need to show the following to prove negligence and liability: 

  • legal responsibility or “duty of care”
  • violated or breached the duty of care
  • the violation caused the accident
  • the violation resulted in injuries or damages

In some cases, the driver might’ve sped down the road, hitting the pedestrian. This can put fault on the driver. Meanwhile, pedestrians can get hit by a car because they acted against traffic signals, such as jaywalking. In these instances, the pedestrian can become at fault. Other factors, such as lack of road markings and ample lighting, can also lead to pedestrian accidents. In these cases, a pedestrian accident lawyer can help look at all angles to determine liability. Learn more about pedestrian accident lawyers in California here. You can also check out these resources about wrongful death attorneys and personal injury lawyers.

Personal Injury (Wrongful Death) Claims: San Jose DUI Crash

In this San Jose DUI crash, the family members of the fatal victim can have the right to pursue a wrongful death lawsuit. However, it can depend on the investigation’s findings. In addition, negligence by a person or business can contribute to an accident, which might have resulted in the death of a family member. If that is the case, you may be able to file a wrongful death claim and receive a big settlement. 

Indeed, no amount of money will ever make up for the death of a loved one. However, receiving the maximum settlement and winning a judgment can give a sense of justice. Also, it can offer some peace of mind.

Do you have any legal questions about accidents? Get answers and common accident-related legal advice here:

Get reliable answers to common legal questions by checking out our list of practice areas here.

Indeed, nothing can alleviate the pain of losing a loved one. However, getting your rightful compensation is also important to help with recovery. Getting advice and guidance from experienced personal injury attorneys can help you pursue your case.  For instance, Jacoby and Meyers has a team of the best lawyers for any car accident, wrongful death, or motorcycle accident cases in California, including Los Angeles, San Jose, and Sacramento. Consulting a lawyer can help you get insight and information about complicated topics, including car accident settlements and more. If you’d like professional advice about your case, call us today at 800-500-0000 for a free consultation. We are available 24 hours a day, 7 days a week, to help you.

Source(s):

  • https://www.nbcbayarea.com/news/local/south-bay/woman-arrested-alleged-dui-crash-highway-101-san-jose/3487186/

Jacoby & Meyers does not represent any of the parties mentioned above. Nevertheless, we express our deepest sympathies for the families and friends of the victim in this San Jose DUI crash.

Need advice on a Pedestrian Accident in San Jose, CA today? Click on this link to learn more.Harry Young's family can consult for free with our DUI Accident Lawyers in Los Angeles

Call us today for a FREE CASE REVIEW tel:+1888-356-7875 Or CLICK HERE to reach us.

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Michael Akiva

Michael Akiva is Managing Partner of Pre-Litigation of Jacoby & Meyers. Having started his career as an attorney at Latham & Watkins LLP, a prestigious, global corporate law firm, Michael quickly realized that representing big corporations was not for him. After leaving the firm, Michael dedicated himself to fighting for the rights of the injured. Education J.D. UCLA School of Law, Editor, UCLA Law Review B.S., Finance, University of Southern California, Magna cum laude

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