Tragic Accident Involving the Death of Unborn Fetus


June 27, 2016

This year has seen far too many motor vehicle accidents that have involved the death of innocent victims, and this time, it's an unborn fetus that never had the chance to live. A Florida woman with a blemished criminal and driving record struck three pedestrians (a pregnant mother and her two children) while driving with a blood-alcohol content (BAC) of .222.

The legal limit for driving under the influence in most states (including Florida and Georgia) is 0.08, demonstrating that this woman was most certainly impaired at the time she hit the three pedestrians. The woman's BAC was more than 175% over the legal limit. It is not often that you see such an extreme BAC level, as many DUI accidents occur when a driver is barely above the legal limit. It is clear that this woman was not in control of herself or her vehicle.

The mother, who was six months pregnant, tragically lost her unborn fetus as a result of injuries sustained from being struck by the impaired driver.  Nobody else was seriously injured as a result of the accident, but because the driver's BAC was so high, she could have easily caused the injury or death of someone else.

Florida Woman Faces Vehicular Homicide Trial

It is unfortunate that vehicular homicide has been all over the news in recent years, especially when the victims are children, or not even born yet, as is the case with this recent Florida accident. Because the driver had prior DUI convictions and still continued to drive under the influence, she is being held in a Florida jail until she stands trial. The driver's trial has not yet been scheduled, so she could be sitting in jail for the foreseeable future.

What Options Does the Mother Have?

In addition to the Florida driver facing criminal charges that could land her in prison if convicted, the Florida driver could potentially face a lawsuit if the mother of the unborn fetus chooses to pursue legal action. In such cases, it is imperative that an attorney experienced in motor vehicle accidents thoroughly evaluates the accident to determine what legal options exist.

When an innocent victim loses his or her life, or the loss of potential life in the case of an unborn fetus, the parents should have the option of filing a personal injury lawsuit for mental pain and suffering as well as a wrongful death lawsuit for the loss of the unborn fetus, among other possible causes of action. The legal options will be different from one person to the next, so it is important to consult with a qualified attorney, who can evaluate all aspects of the motor vehicle accident.

Contact Montlick & Associates, Attorneys at Law, Today to Schedule Your Free Consultation

When people continue to drive under the influence after having previous convictions, those drivers are putting others at serious risk of injury or death. The tragic accident that left an unborn fetus dead is an example of just how serious the consequences of drunk driving can be. If you have been involved in a drunk driving accident and have suffered injuries, you should consider speaking with an attorney as soon as possible. At Montlick & Associates, Attorneys at Law, our Georgia Car Accident Lawyers have more than thirty years of combined legal experience helping numerous clients who have fallen victim to drunk drivers. If you would like to schedule a free consultation with one of our attorneys to discuss your potential case, contact Montlick & Associates, Attorneys at Law today by calling (800) LAW-NEED (529-6333). You may also visit us online at www.montlick.com to complete a Free Case Evaluation Form, and you may also participate in a 24-hour Live Online Chat.

Source:

http://www.miamiherald.com/news/local/community/broward/article84827487.html

 

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.