Third Grader Jacob Villanueva Died In San Jose Car Accident While Walking To Castlemont Elementary By Castlemont Avenue and Driftwood Drive
SAN JOSE, CALIFORNIA (September 17, 2022) – An 8-year-old identified as Jacob Villanueva has tragically died in a San Jose car accident while walking to Castlemont Elementary.
Santa Clara County officials are saying that the accident took place about a block away from Castlemont Elementary. Jacob Villanueva was walking to school with his nanny when both of them were struck by a 2022 black Mercedes Crossover driven by a lawyer.
Paramedics were called to the scene of the crash in order to help the victims. The 44-year-old nanny broke her leg and is expected to recover.
Sadly, Jacob Villanueva died as a result of his injuries. Many neighbors have said that they have been worried about the intersection where the crash took place.
There are no stop signs at the intersection of Castlemont Avenue or Driftwood Drive. Large trees also appear to obscure the presence of pedestrians for drivers turning from Driftwood Avenue.
Police interviewed the driver who remained at the scene and cooperated with them. This marks the 26th pedestrian fatality so far this year in San Jose.
Experts have said that the rise in pedestrian deaths is partly due to the short staffing for the San Jose Police Department. The department use to have 40 traffic enforcement officers, but now they only have 14.
Liability In San Jose Pedestrian Accidents
San Jose is well known for its temperate weather and has served as a hub for many tech companies. But it is also becoming notoriously dangerous for pedestrians and motorists. According to one report in Fox KTVU, San Jose’s alarmingly high number of traffic fatalities has caused concern among the public and city leaders. The increase in deaths have come despite the implementation of a “Vision Zero” initiative to reduce traffic fatalities. There are a number of steps that city officials can take to help reduce pedestrian collisions.
- Traffic infractions likely to lead to collisions should be enforced.
- There should be plenty of traffic officers to investigate accidents.
- City officials should study where accidents tend to happen the most.
- City officials should make corrections at intersections or roads that may be unsafe.
All drivers have a legal obligation to exercise due care in order to avoid hitting pedestrians. Pursuant to California Vehicle Code 21950, the driver of any vehicle shall yield the right of way to a pedestrian crossing in a lawfully marked crosswalk or within any unmarked crosswalk at an intersection. If the driver of a vehicle fails to reduce their speed and hits a pedestrian, this could form the basis of a negligence claim. Depending on the facts of any case, liability for any collision could extend beyond a driver.
If the driver of a motor vehicle was working at the time of a collision, the company that they were working for could potentially be held at fault. In general, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a driver may have been delivering packages or they may have been on their way to a business meeting. Liability for a collision could also be shared by the city or municipal entity responsible for maintaining an intersection.
Cities and municipal entities have a legal obligation to maintain their roadways in a reasonably safe condition. Pursuant to California Government Code 835, except as provided by statute, a public entity is liable for any injury or death caused by a dangerous condition on public property. However, a plaintiff must establish that the dangerous condition created a reasonably foreseeable risk of injury for the type of injury that occured. It must also be shown that either:
- The dangerous condition was created by a negligent and wrongful act or omission of an employee of a public entity working within the scope of his employment.
- The public entity had actual or constructive notice of the dangerous condition under Section 835.2 and had sufficient time prior to the injury to protect against the dangerous condition.
Unfortunately, both California case law and statutes establish that the absence of a stop sign, in and of itself, cannot form the basis of a liability claim. See, for example, City of South Lake Tahoe v. Superior Court and Cal. Gov. Code § 830.4. However, a dangerous condition could exist for other reasons. Courts across California have held that a dangerous condition may exist when a driver’s vision is obstructed by conditions surrounding the public property. For example, in Erfurt v. State of California, the California Court of Appeal held that a sudden blast of sunlight combined with a lack of adequate traffic channelization created a dangerous condition. There are a number of steps that should be taken after any accident that occured at a potentially dangerous intersection.
- Photos of the accident site should be taken.
- Medical records should be preserved.
- Eye witnesses should be interviewed.
- Prior accident reports for the intersection or road should be examined.
- A thorough, independent investigation should be conducted.
The family of any person that is killed in a car accident at a dangerous intersection may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Unfortunately, drivers and cities will often fight extremely hard to deny responsibility for any pedestrian accident. A wrongful death attorney can examine all of the unique facts of your case and get to the bottom of what caused any collision.
Investigating A San Jose Pedestrian Accident
We at TorkLaw extend our deepest condolences to the family of Jacob Villanueva. It is our sincere hope that his babysitter will be able to make a full recovery. Any person that may have more information about what happened should reach out to police. City officials should study this intersection and implement measures to help keep pedestrians safe. Children are needlessly being put at risk.
Do you need more information about a San Jose pedestrian accident? Our team of pedestrian safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into any accident we are here for you. You can reach out to us anytime at (888) 441-4991.
