The Police Department has completed our investigation into the collision involving a Metro Transit bus and a 76 year old pedestrian at the intersection of Pacific Ave and Cathcart Street.
The collision occurred on December 23, 2013 and caused the intersection to be closed for several hours.
A painstaking and meticulous investigation showed the pedestrian was responsible for causing the collision at the busy intersection. Although there were witness statements, no one could conclusively place the location of the pedestrian and the bus just prior to the impact.
Investigators took such steps as to recreate the path of travel and possible acceleration rates of the bus. We used an actual bus and ran a multitude of trials in our recreation scenarios.
Through statements, evidence and mathematical models, our traffic investigators were able to recreate the time sequence and accurately place the parties in their positions leading up to the impact.
The investigation showed that the pedestrian was 17 feet outside the crosswalk when he entered the roadway and ran into the side of the bus. The bus had established its position and right of way in the roadway prior to the impact.
The official cause of the collision shows the pedestrian violated Vehicle Code Section 21954(a) which 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 76 year old pedestrian is still being treated for severe injuries at a San Jose area hospital. While he is expected to survive his injuries, he will suffer long term physical effects. The pedestrian will not be cited for the cause of the collision.
The Police Department reminds pedestrians to use appropriate caution when crossing and entering roadways. This is especially true in the Downtown corridor where oftentimes pedestrians wonder out into traffic "carte blanche". Even if you legally have the right of way, you are no match for a 2,000 pound car and drivers that are not paying attention.
Please be careful.