Oct 15, 2024
FRESNO COUNTY, Calif. (KSEE/KGPE) - Following a crash that injured a pregnant woman and took the life of her unborn child, a Fresno attorney says the DA's office could file charges for the death of a victim who had not yet been born. The crash on Friday involved two vehicles that had stopped due to an unrelated traffic incident. A third vehicle failed to stop in time and crashed into one of the vehicles, pushing it into the other. A pregnant woman was in the vehicle in the middle and she suffered lacerations - as well as the loss of her unborn child. According to Fresno-area attorney Kevin Little, the prosecution of people responsible for the death of a fetus has been practiced under California law for over 50 years. However, if the family that has suffered the loss wants to pursue legal recourse, it may not be that simple. "The law is a little bit contradictory here," Little said. "There's a different answer if we're talking civil versus criminal." Little says if the family wanted to hold the driver responsible for the wrongful death of the unborn child in civil court, they "most likely can't sue them for what's called wrongful death." According to Little, the law says that an infant has to be born and live at least a short time for someone to sue for wrongful death - but the driver could still be held accountable in criminal court. "If you caused the death of a fetus and you do it with all of the other requirements that would make you liable for murder, you can be prosecuted," Little said. Little says depending on if the Fresno County District Attorney's office decides to press charges, there is a chance that the driver could face up to 15 years to life in prison. Little says the case is tragic regardless of any way you look at it. "When I look at this as just a parent, you have that magical time when you're expecting a new child," Little said. "For it to be taken in a minute, in a second, by some thoughtless action like this, it's heartbreaking." Little says he wouldn't want to be the person "having to live with this on my conscience - whether the person ends up being prosecuted or not."
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