Lake Elsinore, CA (September 5, 2024) – On Thursday night, September 5, 2024, a tragic accident occurred on Highway 74, west of Ardenwood Way in Lake Elsinore, resulting in the death of Desmond Gallagher, 57.
Accident Details: Gallagher was struck by a Nissan Versa that was turning unsafely. Gallagher was pronounced dead at the scene. The driver of the Nissan Versa fled but was later found and charged with felony hit-and-run, suspicion of DUI, and gross vehicular manslaughter. The incident is still under investigation. Further details have not been released.
Legal Considerations: As a personal injury attorney, I find that several key areas of investigation could be critical in determining liability:
- Driver’s Actions: The investigation will likely focus on confirming whether the driver of the Nissan Versa was driving under the influence and whether their unsafe turn was a direct factor in the collision. Toxicology reports will play a crucial role in confirming or refuting DUI allegations.
- Hit-and-Run: The driver’s decision to flee the scene can have significant legal consequences. In addition to the criminal charges, the driver’s actions could influence civil liability and the potential for damages.
- Pedestrian Safety: It will be important to review whether Gallagher was in a designated pedestrian area or if any factors, such as poor visibility or inadequate street lighting, might have contributed to the accident.
In addition to the criminal charges, Gallagher’s family may have the right to file a wrongful death claim. This type of civil action could help them recover compensation for their loss, including funeral expenses, emotional suffering, and loss of companionship.
My deepest condolences go out to the family of Desmond Gallagher during this difficult time.
Source: NG Scoop