Red Bluff, CA (November 19, 2024) – On the evening of Tuesday, November 19, Aleah Calvery, a nurse at Restpadd mental health clinic in Red Bluff, sustained severe injuries after being struck by a vehicle on Walnut Street.
Accident Details: While her family stated she was using a crosswalk, police reported that Calvery was walking outside of a designated crosswalk when the incident occurred. The driver of the 2006 Lexus involved in the crash stopped immediately and cooperated with authorities. Alcohol is not believed to have been a factor in the collision.
Legal Considerations: As a personal injury attorney, I find that this incident raises important legal questions about liability and the duty of care owed by both drivers and pedestrians. California law requires drivers to exercise caution to avoid injuring pedestrians, even if the pedestrian is not in a marked crosswalk. However, pedestrians also must use designated crossings and exercise reasonable care for their safety.
Investigators will examine several factors to determine liability, including:
- Driver’s Actions: Was the driver speeding, distracted, or failing to observe proper caution?
- Road Conditions: Were lighting, visibility, or other environmental factors at play?
- Pedestrian’s Actions: Was Aleah visible, and did she attempt to cross in a manner that posed an undue risk?
If negligence is found, Calvery may be able to pursue a personal injury claim against the responsible party and recover compensation for medical expenses, pain and suffering, and lost income. If Calvery was crossing outside a crosswalk, this may constitute negligence on her part. California’s comparative negligence laws would still allow her to recover damages if another party were also negligent, but her percentage of fault may reduce any compensation.
My sincerest thoughts are with Aleah Calvery and her loved ones during this difficult time. I wish her a fast recovery.S
ource: ABC 7 KRCR 1; ABC 7 KRCR