Daniel Padilla, 54, was killed in a San Jose car accident after being struck by two sedans, as he crossed the road. According to a report in The San Jose Mercury News, the fatal pedestrian accident occurred on Tully Road in San Jose, the night of November 9, 2011. Officials have not released information regarding how the fatal collision occurred. Padilla was transported to a nearby hospital, where he succumbed to his injuries on November 11, 2011. The authorities questioned the 66-year-old man from Modesto and the 26-year-old man from San Jose who struck Padilla but neither was arrested. It is unclear if either will face charges.

My deepest condolences go out to the family and friends of Daniel Padilla following this tragic pedestrian accident. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 15 people were killed and 270 were injured in San Jose pedestrian accidents. During that same year, there were 21 fatalities and 463 injuries reported as a result of pedestrian accidents in Santa Clara County.

Pedestrian Right-of-Way Laws

It is unclear from this news report as to what led to the fatal accident. It is not known if the victim was in a crosswalk at the time of the crash. California law requires motorists to yield the right of way to pedestrians in crosswalks. However, the law also requires pedestrians to walk only in designated areas.

California Vehicle Code Section 21954 states: "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." The same section also states: "The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."

Liability Issues

I trust officials are looking into why both drivers were unable to avoid striking the victim. If it is determined that negligence or wrongdoing contributed to the accident, the at-fault driver can be held liable for medical bills, funeral expenses, lost future wages, and other related damages. An experienced San Francisco personal injury lawyer will stay abreast of the ongoing investigation to ensure that the rights and best interests of the victim's family are protected.