Northern California Accident Attorney Blog

SAN JOSE - The Mercury News reported a woman in her mid 30's to early 40's was tragically struck and killed by a minivan Saturday night on Monterey Road (Highway 82). The accident was reported around 9:45 p.m. between Old Tully Road and Umbarger Road. The woman was struck by a 1996 Dodge Caravan driven by a 50-year-old San Jose woman. The cause of the July 16th Santa Clara County pedestrian accident remains under investigation, and neither the driver nor the victim were identified. It is unclear where in the road the woman was when she was struck, and whether speed was a factor in the collision.

Pedestrian Accident Wrongful Death Liability

While this fatal Monterey Road pedestrian accident remains under investigation, the family members of the victim may benefit from talking to an experienced San Jose pedestrian accident lawyer. An attorney can oversee the investigation and help the victim's family protect their legal rights to hold accountable whoever is determined to be responsible for this accident. Following a fatal accident, it is advisable to speak with a wrongful death attorney as soon as possible, while evidence and witness statements can most easily be obtained. Depending on the unique circumstances of an accident, damages obtained in a wrongful death claim may include funeral and burial expenses, anticipated future lifetime lost earnings and benefits, and loss of love, care, affection and companionship.

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SAN JOSE - A 21-year-old San Jose man tragically died Sunday after colliding with another vehicle and crashing into a sound wall the San Jose Mercury News reported. The accident was reported just after 10 p.m. on Sunday, June 12, 2011, near Blossom Hill Road. According to news reports, the victim, Kwangtae Park, 21, was driving a black 2002 Acura on Highway 85 when he collided with a red 1995 Volkswagen, driven by a 16-year-old San Jose boy. Park lost control of the Acura and collided with a raised sound wall to the east of the freeway. He was taken to Valley Medical Center where he died of his injuries.

According to news reports, both the Volkswagen and the Acura involved in the collision were travelling "at a high rate of speed, " although it is unclear if the two drivers were racing. The CHP stated that alcohol did not appear to be factor. Anyone who may have witnessed the vehicles or the collision is asked to contact CHP officer D. Rawlins at 408-467-5400.

Based on the information provided in news reports, it is impossible to tell what happened and who was responsible. Hopefully, the CHP investigation will reveal exactly what happened and why. Following any fatal accident such as this Highway 85 crash in San Jose, family members of victims of fatal accidents may benefit from speaking with an experienced, knowledgeable and understanding San Jose wrongful death lawyer. An attorney who has successfully handled dozens of fatal accident wrongful death claims can advise the victim's family of their legal rights, and best course of action to protect them. If it is determined that the negligence of another party caused this crash, the family may be entitled to compensation for funeral and burial expenses, loss of future earnings and benefits, and loss of love, care, affection and companionship.

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Three people suffered major injuries early Sunday morning in a suspected alcohol-related accident in San Jose, the Mercury News reported. The major injury crash occurred at about 3:15 a.m. Sunday on the shoulder of northbound Highway 101, just north of Metcalf Road. The crash involved a Mitsubishi, a Toyota, and a Mercedes.

The occupants of the Mitsubishi and the Toyota were standing on the shoulder of Highway 101 tending to a flat tire on the Toyota. A 23-year-old San Jose woman was standing between the two vehicles. At some point during the tire change process, 18-year-old Eric Nun of San Jose, who was driving northbound on Highway 101, veered his Mercedes off the road and rear-ended the parked Mitsubishi. The impact severed the leg of the 23-year-old woman standing between the two vehicles.

The 29-year-old Milpitas man who had been driving the Mitsubishi suffered major head injuries and internal bleeding. The 23-year-old man who had been driving the Toyota also suffered major head injuries. Eric Nun suffered a broken ankle and other injuries. He was later booked into Santa Clara County's main jail on a felony DUI charge.

Cause of the Highway 101 Accident

Accidents caused by drunk drivers are 100% preventable. The CHP is continuing to investigate the cause of this August 29th crash and the official cause of the accident has not been released. Based on news reports, it appears that this crash was caused by the teen driver of the Mercedes, who was reportedly driving under the influence of alcohol.

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Three people, including two pedestrians, suffered major injuries Sunday afternoon when a 2000 Nissan Xterra struck a 1997 Honda Civic in the center median of Interstate 880, the California Highway Patrol reported. The accident occurred at 3:35 p.m. near The Alameda. According to the Mercury News, two 19-year-old men from Newark were standing near the center median, between the broken down 1997 Honda Civic and a 1995 Honda Civic in front of it.

While making arrangements for a tow truck, the 1997 Honda Civic was struck from behind by the Nissan Xterra, which had veered off the roadway for unknown reasons. The impact caused the Civic to overturn and strike the two Newark men. The two Newark men and the 66-year-old San Jose man driving the Nissan suffered serious injuries.

Cause of the I-880 Accident

The CHP is investigating the cause of the crash. It was not clear based on the limited information provided in news reports why this accident occurred, or even how fast the Xterra was going when it rear-ended the Honda. At this point, there are only questions: Why did the driver of the Xterra veer into the center median? Was there anything he could have done to avoid striking the Honda and subsequently the two men standing in front of it? Was alcohol a factor in the crash? Hopefully, the investigation by law enforcement will provide answers.

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A 79-year-old San Jose woman walking in her mobile home park was killed Wednesday afternoon when a 75-year-old woman struck her. The accident, which was the third pedestrian fatality in San Jose this year, occurred at the Millpond mobile home community located at 2320 Canoas Garden Avenue, at 12:38 p.m. According to reports in Mercury News, the victim, Walda Bradley, was walking inside the complex in the 700 block of Mill Stream Drive when she was struck. The woman driving the car was also a resident of the mobile home community. Bradley was rushed to a local hospital where she died of her injuries.

Elderly Driving Accidents

With a growing population of elderly people, accidents involving elderly drivers are on the rise. Although it is unclear why this accident occurred, any accident involving an elderly driver raises the question of whether the driver was capable of driving. One common cause of accidents involving elderly drivers is pedal misapplication, where a driver mistakes the gas pedal for the brake pedal. With aging, Reflexes, visual acuity, memory, flexibility, and the ability to focus gradually decline. Some elderly people also take medications that may further impair their ability to focus and react quickly.

Possible Wrongful Death Liability

If the driver of the car is determined to have caused this accident, she may be liable for the wrongful death of Walda Bradley. While the pedestrian accident remains under investigation, the family of the victim may benefit from speaking to a northern California wrongful death lawyer with experience handling elderly driver accidents. An attorney skilled in the unique issues of these types of incidents can help the victims' family understand their legal rights and obtain maximum compensation for their loss in a wrongful death claim.

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