Phelan, CA (December 16, 2024) – On Monday, December 16, 2024, at around 5 p.m., Roy Austin Johnson Jr., 46, of Victorville, was tragically killed in a collision on Phelan Road near Windermere Road.
Accident Details: According to the California Highway Patrol (CHP), Mitchell Ray Leftwitch, 57, of Hesperia, was driving a Chevrolet Express G2500 van with a two-axle trailer eastbound when he crossed the double yellow lines into oncoming traffic. The van sideswiped Johnson’s Toyota Avalon, colliding head-on with the trailer.
Leftwitch fled the scene, initiating a police pursuit that ended with his arrest. He faces charges including gross vehicular manslaughter while intoxicated, DUI causing death, hit-and-run, and reckless evasion of police. Johnson died at the scene.
Legal Considerations: As a personal injury attorney, I find that this incident highlights several legal issues:
- DUI as Negligence: Driving under the influence represents a grave breach of the duty of care owed to others on the road. Alcohol impairs judgment, reaction time, and motor skills, significantly increasing the risk of harm to others. Leftwitch’s alleged decision to drive while intoxicated demonstrates a reckless disregard for the safety of others.
- Hit-and-Run and Negligence: Leaving the scene of a fatal crash violates the legal and moral obligation to remain and render aid. Hit-and-run conduct not only shows a lack of accountability and failure to help the injured receive medical attention.
Wrongful Death Claim: If negligence is proven, the family of Roy Austin Johnson Jr. may pursue a wrongful death claim. This legal action, separate from any criminal proceedings, allows the family to seek compensation for losses, including funeral expenses, emotional anguish, and the loss of support and companionship.
I extend my deepest sympathies to the family and friends of Roy Austin Johnson Jr. during this profoundly difficult time.
Source: Victorville Daily Press