San Jose, CA, October 1 β A motorcycle and another vehicle collided on Highway 87 near Capitol Expressway, according to the California Highway Patrol. One person was injured in the crash and was taken to a local hospital for treatment. The agency said the events leading up to the collision were not immediately determined. No other details about the vehicles or the people involved had been released.
San Jose Motorcycle Crash on Highway 87 Near Capitol Expressway Injures One
The crash was reported around 7:43 a.m. Wednesday, the California Highway Patrol said. The agency said a motorcycle and another vehicle were involved, but did not describe the make, model or color of either vehicle. It was not stated how many people were in the second vehicle or whether anyone besides the injured person was involved in the collision.
The California Highway Patrol did not release the age, gender or condition of the injured person, nor did it specify whether that person was riding the motorcycle or was an occupant of the other vehicle. No other injuries were reported in connection with the crash. The hospital where the person was taken for treatment was not identified.
As of Wednesday, the California Highway Patrol had not said whether anyone involved in the crash was cited or arrested. The agency also had not released the names, ages or conditions of those involved, and no updated information about the circumstances of the crash had been provided. These details remained unconfirmed at the time of this report.
Lane splitting, and what the Vehicle Code actually says
Vehicle Code section 21658.1 defines lane splitting and authorises the California Highway Patrol to develop educational guidelines for it. What matters after a crash is the distinction the section draws: lane splitting is not prohibited in California, and not prohibited is not the same thing as legal.
The practical effect is that a rider who was lane splitting has not broken a rule by doing so, and an insurer that treats lane splitting as automatic fault is asserting something the statute does not say. Fault still turns on how each party behaved, the same as in any other collision.
The deadline that applies to a claim like this one
Code of Civil Procedure section 335.1 gives two years for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. The same two years covers an injury claim and a death claim; there is no separate, shorter period because someone died.
Talking to someone about it
Culver Legal represents people injured in collisions across California. A conversation about what happened costs nothing, and we work on a contingency fee, which means there is no fee unless we win. If we do not win, we do not pass the case costs on to you either.
Nothing on this page is legal advice about any particular case, and the facts of a reported collision often change as the investigation continues.