Redding, CA (October 1, 2024) – A severe collision in Redding has left 41-year-old Justin Palomino in critical condition after a crash involving a vehicle in the area of Hartnell and Cypress Avenue.
Accident Details: The incident occurred around noon. Palomino was riding his bicycle westbound through stopped traffic on Hartnell Avenue when he collided with a vehicle driven by 44-year-old Kao Saechao. Saechao had turned right from eastbound Cypress Avenue onto Hartnell Avenue just before the crash. Investigators reported that Palomino was riding illegally in the traffic lane and was not wearing a helmet at the time of the collision. Palomino was transported to Mercy Medical in critical condition. The driver, Saechao, was unharmed.
Legal Considerations: As a personal injury attorney, I find that this case presents several important legal issues:
- Bicyclist’s potential negligence: Justin Palomino was riding illegally in the traffic lane, which could complicate any potential claims for damages. California law requires bicyclists to ride in designated bike lanes or as close to the right-hand curb as possible when riding on the road. Violating these rules could indicate some level of negligence on Palomino’s part.
- Driver’s responsibility: Even though Palomino was riding illegally, Kao Saechao still has a duty to exercise reasonable care when driving. Investigators will likely explore whether Saechao was driving cautiously and whether he had an adequate opportunity to avoid the collision.
- Lack of helmet use: Another factor in this case is that Palomino was not wearing a helmet, which could have contributed to the severity of his injuries. Although California law only requires helmets for bicyclists under 18, the absence of a helmet may still be considered negligent.
Possible Claims: Palomino may be able to file a personal injury claim if the investigation finds the driver or another’s negligence led to the collision. Under California’s comparative negligence law, a plaintiff’s damages can be reduced if they are found partially responsible for the accident. In this case, Palomino’s illegal riding in the traffic lane and lack of helmet use could impact his ability to recover compensation. However, they do not prevent him from recovering if another party’s negligence contributed to the crash.
My thoughts go out to Justin Palomino and his family as he fights to recover from this devastating accident. I hope that the investigation clarifies the circumstances of the crash and provides answers to those affected by this tragic event.
Source: Action News Now