After a very sad incident, a recent arrest in our area demonstrates what the law says about the death of an unborn child in a crash. In this accident, the baby’s dad was driving the vehicle in which his wife was riding as a passenger. The Carroll County resident made an attempt to avoid responsibility for the passing of his unborn baby in this auto crash. But after investigation, he was arrested for the crime of feticide in the first degree as well as insurance fraud. The crime of feticide is found in Official Code of Georgia Annotated section 40-6-393.1. This crime carries a penalty of imprisonment for between two and 15 years. The death of an unborn baby is tragic under any circumstances. In this case, it is truly a somber event, given that the dad was at the wheel of the vehicle involved.
The father of the baby was driving in with his wife on South Cobb Drive and ended up on the wrong side of the road. He hit another vehicle. The driver of the other vehicle sustained some significant injuries. And his pregnant wife was injured as well. But the unborn baby was not able to withstand the impact of the crash and died at WellStar Kennestone Hospital. Both the driver and his wife are alleged to have claimed that she was driving the car at the time of the crash. His license was already suspended and he was not supposed to be behind the wheel due to this fact. However, after a review of the evidence, the authorities determined that in fact the wife had not been the driver, the husband was driving and both allegedly tried to hide this fact. The parties have been charged with insurance fraud and the father of the baby faces the additional serious charges related to feticide.