San Jose, CA (January 12, 2025) – A tragic incident on Sunday night, January 12, 2025, claimed the life of Hector Cruz, a 54-year-old San Jose resident.
Accident Details: Cruz was struck by a vehicle while crossing Lincoln Avenue near Lonus Street. Cruz was taken to the hospital, where he died from his injuries. The driver, operating a 2014 white Acura SUV, was arrested on suspicion of driving under the influence and gross vehicular manslaughter.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. Driving under the influence breaches a motorist’s legal duty to operate their vehicle safely and responsibly. By choosing to drive while impaired, a driver fails to meet the standard of care required to protect others on the road, often leading to preventable accidents and devastating consequences. Although Cruz was crossing outside a marked crosswalk, California law permits pedestrians to cross at unmarked intersections unless deemed unsafe. Determining whether the driver had a reasonable opportunity to avoid the collision will be key in establishing liability.
Cruz’s family may have grounds to file a wrongful death claim against the driver. In California, such claims can compensate for funeral costs, loss of companionship, and other damages. Even if Cruz is found partially at fault for crossing outside a marked crosswalk, California’s comparative negligence laws allow the family to recover damages proportionate to the driver’s share of fault.
I extend my deepest sympathies to Hector Cruz’s family and friends during this heartbreaking time.
Source: Santa Cruz Sentinel