On Saturday, August 2, 2012 a fatal car accident occurred on highway 46 in Paso Robles, California. Sadly, this car accident claimed the lives of two (2) local residents.
Authorities have identified the two San Luis Obispo County residents who died after their vehicles collided this weekend on Highway 46. The collision occurred just before 5 p.m. Saturday when Shirline Miller, 62, of Paso Robles, drove her westbound Lexus over the double yellow line in an attempt to pass the car in front of her, according to Officer Daniel Hall of the California Highway Patrol. Miller drove into the path of an eastbound GMC Sierra driven by James Fenstermaker, 50, of Nipomo, striking the left front end of his SUV. Miller was pronounced dead at the scene, while Fenstermaker died after being taken to Sierra Vista Regional Medical Center, the CHP said. Hall attributed the cause of the crash to “unsafe illegal passing,” noting that the Lexus was traveling at speeds exceeding the maximum speed limit of 55 mph. Hall said it’s too early to know whether drugs or alcohol were a factor in the crash. Toxicology screening results are pending. – SLO County residents who died in Hwy. 46 crash are identified – San Luis Obispo Tribune
What Caused the Deadly Car Accident
According to the investigating officers, the driver of the Lexus made an illegal lane change over a double yellow line causing the accident. Generally, this is a violation of two (2) California Vehicle Codes:
CVC 21658(a), which mandates:
A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
If double parallel solid yellow lines are in place, a person driving a vehicle shall not drive to the left of the lines – (there are a few exceptions, none of which allow for passing on yellow double solid lines).
(b) If double parallel solid white lines are in place, a person driving a vehicle shall not cross any part of those double solid white lines, except as permitted in this section or Section 21655.8.
Passing a vehicle on the left by crossing solid double yellow line is illegal and a violation of CVC – 21460(a) – there are only a few exceptions to this code section and none permit passing. Passing on double parallel lines can only be done when one of the lines is broken. In which case, the passing can only occur when it is reasonably safe to do so. As a personal injury law firm, we see too many devastating car accidents caused by lack of attention, impatience, intoxication and numerous other factors. We caution everyone driving on the road to focus on the task at hand – passing on a single lane highway carries so much risk that it is best to be patient and wait until there is more than enough distance to make a safe and legal passing maneuver.
Car Accident Attorneys – San Luis Obispo County
Our thoughts and prayers go out to all the victims of this car accident. Not only to those who lost their lives but to those who love those have passed.