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.
The allegation of insurance fraud is also a very serious charge. These parents now face this charge together, while the father is facing the feticide charge alone. Insurance fraud is a crime that is covered under Official Code of Georgia Annotated section 33-1-9. The crime includes the making of false or fraudulent statements in the making of a claim, insurance application and other circumstances. It is a felony that is punishable with fine and / or prison of not less than two or more than ten years. And unfortunately, it is on the rise in America, with an alarming statistic that a growing number of Americans think that falsifying information to an insurance carrier is somehow acceptable. The insurance industry has even engaged in advertising to educate people about the impact on their lives of engaging in this practice.
Over the past few years and particularly during the recession, insurance fraud has risen to new highs. The cost of this crime is estimated to be about $6 billion in that all premiums rise due to this violation. Convictions have also increased to high levels in many states around the country. One of the increased practices includes abandoning a vehicle and reporting as stolen. Still another criminal activity involves the staging of an auto crash in which the parties agree to stage an accident or another situation in which a driver essentially purposefully causes an incident ((sudden stops to force a rear-end crash, for example) to receive the proceeds of an insurance claim after the incident.
In the event that you or a loved one has been harmed after an accident, there is help available to you. A call to Scholle Law for a free consultation regarding your accident, will provide the answers you need to protect you and your family’s interests. Whether you are the victim of a careless or distracted driver, a reckless driver or a driver who is under the influence, getting the help you need will begin your recovery. Our legal team will take the burden off of you and deal with all aspects of your legal representation.