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Wrongful Death - San Jose, CA: VTA Train Pedestrian Death; Governmental Claims

Posted by Renée Yvonne Gardner | Nov 16, 2020

November 16, 2020

Pedestrian Killed in VTA Train Crash near McKee Road and North Capitol Avenue

On November 8, 2020, a pedestrian died in San Jose, after being hit by VTA light-rail train near McKee Road and North Capitol Avenue, as reported by the San Jose Mercury News.

At around 1:40 PM, authorities responded to the Alum Rock neighborhood, near the VTA's McKee station, and found an injured pedestrian, per VTA spokesman Ken Blackstone said.

Sadly, the male pedestrian was pronounced dead at the scene, and his identity was not immediately available.


Gardner Law extends our most sincere condolences to the loved ones and family of the man who lost his life in this accident.

California Code of Civil Procedure section 377.60 allows certain persons to bring a wrongful death lawsuit. But, before anyone can sue the government, they have to follow certain procedures and comply with very short timelines, also known as “statutes of limitations”.

To present a claim for the above wrongful death, California Tort Claim Act (now known as the “Government Claims Act”) requires that a Santa Clara Valley Transportation Authority Claim for Damages be filed by a qualified survivor within 6 short months of the injury or accident by someone permitted to do so under California Code of Civil Procedure section 377.60.

The Claim for Damages must be both on time, and properly presented. California Government Code sections 900-935.9 govern claims against public entities. For Presentation and Consideration of these Claims, see California Government Code sections 900-935.9.

Cal. Government Code § 905 requires “all claims for money or damages against local public entities" be presented to the responsible public entity before a lawsuit is filed. Failure to present a timely claim bars suit against the entity, under Cal. Government Code § 945.4.

The public entity must respond to your Claim for Damages within 45 days, accepting or rejecting the claim. If you receive a rejection letter, a qualified survivor has 6 more months to file a lawsuit. If no response letter to your Claim for Damages is received, then a lawsuit must be filed within two years of the date of death. To learn your correct statute of limitations (that is, deadline to file a lawsuit), follow up with the public entity after 45 days, to find out if they sent a letter to you This will ensure you understand your statute of limitations correctly and don't miss the deadline.

Gardner Law's Attorney Renee Yvonne Gardner represents victims of VTA train accidents who seek justice for their injuries. Gardner Law also represents the heirs of people who die as a result of VTA train accidents. If you are a VTA train accident victim, who suffered an injury, or your loved one was killed in an accident, don't talk to the insurance, and don't handle your case on your own. Instead, call Gardner Law at (408) 214-5555, or complete the Contact form on this website. Attorney Renee Yvonne Gardner awaits your call.

Disclaimer: This post was created solely using secondary sources. Therefore, its information has not been verified. If any information appears to be inaccurate, please contact Gardner Law, Renee Gardner Attorney, immediately by phone, or through our online Contact form. Necessary corrections will be made.

Disclaimer: This post is not legal advice. Attorney Renee Gardner provided this post for general purposes, and to try and help the public, should they suddenly find themselves a victim of an accident or wrongful death. Accident victims and family members of those killed in accidents should immediately seek legal assistance to protect their rights. Injured victims should also seek immediate medical care to assess and treat their injuries.

About the Author

Renée Yvonne Gardner

Gardner Law's attorney Renée Yvonne Gardner represents auto accident wrongful death cases, serious personal injuries from auto accidents, slip and falls and dog bites, and assists consumers with disputes (small claims court assistance $12,500 or less claims for goods or services).

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