Cyclist Killed in Fatal Crash at Capitol Expressway, Ocala Avenue in San Jose

California Vehicle Code Section 20001 requires any driver involved in a collision that causes injury or death to immediately stop at the scene, render reasonable aid, and exchange information with the other party or law enforcement. Leaving the scene of a crash that causes serious injury or death can be charged as a felony hit-and-run under California law, punishable by state prison time. Investigators in this case say the driver remained on scene and cooperated, which is part of why the case is being handled as a traffic collision investigation.

California’s ‘Three Feet for Safety Act,’ Vehicle Code Section 21760, requires drivers passing a bicyclist traveling in the same direction to allow at least three feet of clearance, or to slow to a safe speed when that distance isn’t possible. Cyclists are also granted the same rights and are subject to the same duties as drivers of vehicles under Vehicle Code Section 21200, including right-of-way rules at intersections. In crashes like this one, investigators typically examine signal timing, lines of sight, and which party had the right-of-way.