Patrick Rogers, 41, was killed in a San Jose car accident after his motorcycle struck a car that was stopped to make a right turn. According to a news report in the San Jose Mercury News, Rogers was westbound on Cherry Avenue at Geomax Court, in his 1999 Harley-Davidson, the night of January 30, 2010. At the time a 2005 Cadillac Escalade driven by 51-year-old Christopher Caprino was stopped on Cherry to turn right into an apartment complex. Rogers struck the Cadillac. San Jose police say Caprino probably did not cause the accident, but he has been arrested on suspicion of driving under the influence of alcohol.

My heart goes out to Rogers' family and friends who have suffered a devastating loss. Rogers apparently lived with his longtime girlfriend Anna Garcia, a 14-year-old daughter and a severely disabled 11-year-old son. Heartbreaking!

Motorcycle Accident Statistics

There was one death and 106 injuries involving motorcycle accidents in San Jose in 2007, according to California Highway Patrol's traffic accident statistics. In Santa Clara County as a whole, motorcycle accidents claimed eight lives and injured 296 during the same year. Also, countywide, 88 deaths and 7,301 injuries were reported as a result of traffic accidents in 2007.

What Caused this Accident?

This news report states that police may have found physical evidence at the scene that suggests Caprino was not at-fault for the accident. That raises several questions. How fast was Rogers going? Did Caprino stop suddenly? Did Rogers receive ample warning that Caprino was going to stop? Did Caprino have his turn signal on to indicate that he was going to make a right turn? Was there a dangerous condition on the roadway, which may have caused or contributed to this accident? Hopefully the answers to these questions will help shed some light on what happened here.

Laws and Liability Issues

Driving under the influence of alcohol is a serious crime in California. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

In such cases, families of deceased victims would be well-advised to contact an experienced San Francisco personal injury lawyer, who will make sure that their legal rights and best interests are protected. If a dangerous condition on the roadway caused this fatal accident, the governmental agency responsible for maintaining that roadway could also be held liable. Please remember that any such claim involving a California governmental agency must be filed within 180 days 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.