Fatal San Jose Motorcycle Accident

A 41-year-old motorcyclist who was killed in San Jose car accident has been identified as Patrick Rogers. The San Jose Mercury News reports that the man was riding his 1999 Harley-Davidson west on Cherry Avenue at Geomax Court in San Jose, when he rear-ended a 2005 Cadillac Escalade driven by 51-year-old Christopher Caprino. The driver of the SUV was stopped on Cherry to turn right into an apartment complex. Police are saying based on a preliminary investigation that Caprino may not have been at fault, but he was arrested on suspicion of driving under the influence.

I offer my deepest condolences to the family and friends of Patrick Rogers for their irreparable loss. He is survived by his longtime girlfriend Anna Garcia, a daughter and a severely disabled 11-year-old son. My thoughts and prayers go out to this family during their time of grief and loss.

Motorcycle Accidents

According to California Highway Patrol's 2007 traffic accident statistics, there was one death and 106 injuries involving motorcycle accidents in San Jose. In Santa Clara County as a whole, motorcycle accidents claimed eight lives and injured 296 in 2007.

Accident Causes and Liability Issues

Based on the details of this news report, investigators found some physical evidence at the scene to suggest that the accident was not Caprino's fault. However, prosecutors are considering filing DUI charges against him. There are still many questions here that need to be answered. We don't know whether Caprino suddenly stopped to make the turn causing Rogers to slam into him. We don't know how fast Rogers was going. There is nothing in the report to suggest that he was speeding. If I were a member of Rogers' family, I would also want to find out whether there was a dangerous condition on the roadway, which caused or contributed to this tragic collision.

If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. An experienced San Francisco personal injury lawyer will be able to advise victims and their families in such cases as to how and when to file a personal injury or wrongful death claim against a governmental entity. In California, the law requires that such claims be filed within six months of the accident or injury.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.