San Jose, CA (August 22, 2024) – A devastating accident occurred on Thursday night in North San Jose, where pedestrian Tien Nguyen was struck and killed by a vehicle.
Accident Details and Ongoing Investigation: The incident occurred around 8:50 p.m. near Hostetter Road and Automation Parkway. A man driving a 2005 Toyota pickup truck was traveling westbound on Hostetter Road when he struck a pedestrian outside a designated crosswalk. The pedestrian, identified by the Santa Clara County Medical Examiner-Coroner’s Office as 30-year-old Tien Nguyen of San Jose, was transported to a nearby hospital. Despite medical efforts, he was tragically pronounced dead upon arrival.
The driver in the accident remained at the scene and is cooperating with the ongoing investigation. No arrests have been made at this stage, and authorities continue gathering information to determine the exact circumstances leading to the collision.
Legal Considerations: As a personal injury attorney, I find that several factors will be critical in determining liability. The law often requires drivers to maintain vigilance and control of their vehicles to avoid collisions, especially in areas where pedestrians are likely to be present. Did the street have sufficient lighting for the driver to see Nguyen? Was there a road defect that caused the driver to lose control of the vehicle and hit Nguyen? Was the driver impaired or distracted? Was the driver speeding? Investigators need to answer these questions to determine if negligence was the cause of the accident.
If negligence is found to be the cause, Nguyen’s family may be able to file a wrongful death claim against the negligent party. This claim allows them to recover compensation for the loss of their loved one, including loss of financial support and funeral expenses.
While Nguyen may be deemed negligent for crossing the street outside the crosswalk, his family won’t necessarily be denied recovery. However, California’s comparative negligence laws may affect the recoverable compensation.
I extend my deepest condolences to the family and friends of Tien Nguyen during this incredibly difficult time.
Source: The Mercury News