Phelan, CA (December 18, 2024) – On December 18, 2024, at approximately 6:24 p.m., a multi-vehicle crash occurred on State Route 18 near Acanthus Street in Phelan, killing Scott R. Herbert.
Accident Details: The incident began when 30-year-old Ian Dubler of Wrightwood was stopped in his 1996 Dodge Ram 3500, preparing to turn left onto Acanthus Street. Behind him, Scott R. Herbert of Woodland Hills, driving a 2015 Toyota Camry, stopped. Andres Martinez, 24, of Littlerock, drove a 2004 GMC Yukon. He failed to stop in time and rear-ended the Camry. The impact pushed the Camry into the back of the Dodge Ram, which then sent the Ram onto the left shoulder, striking a fire hydrant.
Following the initial collision, a 2007 Toyota Avalon, driven by Daniel Souza Jr. of Rancho Cucamonga, swerved onto the dirt shoulder to avoid the crash. The Camry, now disabled, remained in the westbound lane while the GMC Yukon was moved to the north shoulder.
In a 2023 Ford Bronco, 31-year-old Woodland Hills resident Sean Gallagher then crashed into the rear of the Camry, causing the Camry to be pushed into the eastbound lane. Herbert, the driver of the Camry, was taken to Victor Valley Global Medical Center but later succumbed to his injuries.
Investigation: Gallagher was arrested on suspicion of DUI manslaughter. He was treated for injuries and booked into the High Desert Detention Center. He is facing multiple charges, including DUI causing great bodily injury and vehicular manslaughter while intoxicated
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. Driving under the influence is considered a breach of the duty to operate a vehicle safely. Intoxication impairs cognitive thinking and decision-making, thereby putting other drivers at risk. In addition to Gallagher’s DUI, investigators will also look at the other factors in the chain-reaction crash. For instance, Andres Martinez’s failure to slow down in time could have set off a chain reaction.
Potential Wrongful Death Claim: The family of Scott R. Herbert may be able to file a wrongful death claim against the negligent parties. Potential recoverable compensation includes funeral expenses, emotional distress, and loss of companionship. Under California’s comparative negligence laws, potential compensation would be allocated based on fault.
My deepest condolences go out to the family and loved ones of Scott R. Herbert. My thoughts are with all those affected by this tragedy.
Source: Victor Valley News Group