Phelan, CA (August 30, 2024) – Andrew L. Shih, 85, tragically lost his life in a two-vehicle collision on Highway 138 near Phelan.
Accident Details: The crash occurred around 9:10 p.m. at Sayle Road. According to the California Highway Patrol (CHP), Shih was driving a 2006 Ford pickup westbound when he made an unsafe turn into oncoming traffic, colliding with a 2022 Nissan driven by a 60-year-old man from Moreno Valley.
The impact caused Shih’s vehicle to roll over, and he succumbed to his injuries at the scene. The driver of the Nissan sustained minor injuries and was treated at the scene. No arrests were made, and the investigation is ongoing.
Legal Considerations: As a personal injury attorney, I find that several aspects require thorough investigation to determine liability:
- Unsafe Turning Movement: The CHP’s report indicates that the Ford made an unsafe turning movement, crossing into oncoming traffic. This factor will be crucial in assessing whether Shih’s maneuver violated traffic laws, such as failing to yield or making an improper turn.
- Speed and Control: While Shih’s exact speed is not specified, the speed and control of both vehicles before the collision are important.
- Vehicle Condition: It’s essential to assess whether mechanical failures in either vehicle might have contributed to the accident.
- Road Conditions: Investigators should also examine the roads to see if any defects or hazards contributed to Shih’s inability to complete the turn safely.
If negligence is found to have caused the accident, Shih’s family may be able to file a wrongful death claim and recover compensation. Even if Shih is found partially at fault (e.g., speeding or making an unsafe turn), if other parties are also negligent, Shih’s family may still recover some compensation. This rule is based on California’s comparative negligence laws.
My deepest sympathies go out to the family of Andrew L. Shih during this heartbreaking time. I extend my condolences and hope the truth of what happened provides closure.
Source: Victorville Daily Press