Deadly Motorcycle Crash in San Jose

An out-of-control Acura caused a multi-vehicle collision which killed one person and seriously injured two others.

The wreck happened on State Highway 85 near Blossom Hill Road. According to investigators, a 26-year-old Los Banos man lost control of his Acura for unknown reasons. He sideswiped a 21-year-old motorcycle rider in the adjacent lane. As a result, the rider fell off his bike and onto the cement. The Acura careened across the road and slammed into a guardrail. Both operators and a 26-year-old woman inside the Acura sustained major injuries.

The motorcycle rider did not survive.

Motorcycle Crash Injuries

Statistically, motorcycle riders are almost thirty times more likely to die in collisions than the occupants of four-wheel vehicles. Some of these serious injuries include:

• Exsanguination: Excessive bleeding, mostly from internal injuries, is usually the official cause of death in fatal motorcycle accidents. The force of the collision usually propels riders off their bikes. That motion, and the hard landing, usually smashes internal organs against each other. Since these organs have no protective skin layer, they often bleed very badly.
• Head Injuries: Motorcycle helmets reduce the number of head injuries, but they definitely don’t prevent them. That’s because the aforementioned motion of a motorcycle crash, as opposed to a trauma impact, often causes head injuries. Just like internal organs slam against each other, the brain slams against the inside of the skull. In very low doses, such as pacing back and forth, such motion is usually stimulating. Excessive motion is often deadly.
• Road Burns: These injuries are usually not life-threatening. But they exemplify the kinds of non-fatal disabling injuries that motorcycle crash victims sustain. Road burns are extremely painful and almost impossible to treat. So, victims must simply lie in bed and wait for them to get better. These injuries are usually permanent, at least to an extent.

Injuries like these usually mean tens of thousands of dollars in medical bills. Normally, health insurance companies refuse to pay these costs. Unless a San Jose personal injury lawyer sends a letter of protection to a medical provider, the victim could be stuck paying these expenses out of pocket.

Liability Issues

These medical bills eventually come due. So, victims do not just need time to heal. They also need financial compensation. To obtain it, an attorney must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Most motorcycle accidents are not “accidents.” Driver impairment or an operational error usually causes these incidents. Examples of driver impairment include substance use, fatigue, and distraction. Operational errors include speeding and making an illegal turn.

Impairment and operational errors are both a breach of the duty of reasonable care. This duty requires drivers to be in top physical and mental condition before they get behind the wheel. This responsibility also requires operators to drive defensively and obey the rules of the road.

Once victim/plaintiffs establish negligence cases, insurance company lawyers may employ some defenses to try and reduce or deny compensation.

Comparative fault might be the most common insurance company defense in negligence claims. This legal loophole shifts blame for the accident from the tortfeasor (negligent driver) to the victim. For example, the insurance company might admit its insured driver ran a red light, then blame the wreck on the victim’s excessive speed.

California is a pure comparative fault state. Therefore, even if the victim was 99 percent responsible for the wreck, the tortfeasor is liable for a proportionate share of damages.

These damages usually include compensation for economic losses, such as the aforementioned medical bills, and non-economic losses, such as pain and suffering.

Count on a Dedicated Attorney

Motorcycle wrecks often cause serious injuries. For a free consultation with an experienced San Jose motorcycle accident lawyer, contact Solution Now Law Firm. We do not charge upfront legal fees in these matters.