Car Accident / miscarriage / teen driver

[northhollywood]

What is the name of your state (only U.S. law)? California

Okay sixteen year old driver falls asleep at the wheel and plows into the back of a car parked on the side of a road outside of a quickie mart. Inside the parked car on the passenger side was a thirty year old woman who was eighteen weeks pregnant. As a result of impact, she miscarried.

Driver can be sued for damages, but can charges be brought against driver as well? Could manslaughter be charged? Or is this purely a settlement case? How would this type of case be approached by the passengers lawyer?
Any thoughts/facts/experience would be appreciated.
Thanks so much everybody.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[ShyCat]

Homework assignment?

 

[northhollywood]

no unfortunately not homework.

 

[CourtClerk]

18 week fetuses are not considered viable. How this case would be approached by the person's attorney is purely up to the attorney. Call your insurance company and I sure hope you had a HEFTY policy.

 

[CdwJava]

I have seen almost identical scenarios result in charges of manslaughter. So, yes, the teenager COULD be charged ... whether she would be convicted or not is a different story and depends upon a whole 'nother basket of apples.

- Carl

 

[CourtClerk]

I have seen almost identical scenarios result in charges of manslaughter.

Of an 18 week old fetus? 20 yes, but 18?

 

[CdwJava]

Of an 18 week old fetus? 20 yes, but 18?

The question involved being CHARGED, not CONVICTED.

I have seen such cases charged on numerous occasions - I was even the lead collision investigator in one where the age of the unborn child was in dispute, but all conceded it was 18 or less.

The charge is that which is brought by the police and then by the DA. The charge is likely to be filed by the police no matter the age of the unborn as they are no going to be debating the differences between viable and non-viable since the Penal Code does not make such a difference.

Then, the DA has to get involved. The DA may choose to file depending upon his interpretation of the relative case law on the subject and whether or not they can show that the age of the unborn child was at a point of viability or not. But, they may choose to file before all the data is in just to get the ball moving and to justify further investigation and the subpoena of medical records.

The question concerned a CHARGE ... and the answer is, "Yes" she can be charged. That does not mean she will be, or that it will be prosecuted, or that a conviction will result, only that she can be charged.

- Carl

 

[ecmst12]

More likely to be an assault charge though. A fetus is still not legally a human being and murder charges can't (or at least shouldn't) be brought for it. The victim is the woman.

 

[CdwJava]

More likely to be an assault charge though. A fetus is still not legally a human being and murder charges can't (or at least shouldn't) be brought for it. The victim is the woman.

Assault is an intentional act and could not be brought in this sort of case unless the teen driver intentionally rammed the other car. Vehicular manslaughter CAN be brought, though.

Under CA law, homicide charges CAN be brought against someone for the death of a "viable" fetus. What is considered "viable" is the issue that is often up for contention. Eighteen weeks might be below the viable stage, but the conception date is often hotly debated - at least it has been in the cases I have been a part of.

Like I said, I have been involved in trials involving collisions where an unborn child - a fetus - has been killed, and the charge(s) brought to trial against the party at fault included manslaughter.

Again, charges of vehicular manslaughter CAN be made against the teenage driver, but that is not a guarantee that they will stand up at a preliminary hearing or at trial.

- Carl