Pre-K Teacher Loses Fetus, Suffers Massive Trauma in Cobb County Accident
A pre-kindergarten teacher is in intensive care in Cobb County after a car crash in Powder Springs killed her unborn son, according to The Atlanta Journal-Constitution. The woman, Karlissa Darby, 22, of Dallas, Texas, sustained serious injuries after a couple driving the wrong way down a freeway collided with her car. Officials who investigated the accident indicated that the couple in the other car were at fault for the accident. Her mother, who is staying with Darby at Wellstar Kennestone Hospital, says that if Darby survives her injuries, her recovery will take a very long time.
Elderly Couple Drove Wrong Way on Street, Struck Darby
Police sources say that a couple in a Crown Victoria were driving eastbound on the westbound side of Macland Road when they hit Darby’s Plymouth Voyager. Darby suffered a broken leg, broken ankles, broken wrists, serious head trauma, and a stroke. The crash also resulted in the death of her unborn child. 11 Alive Atlanta reports that the elderly couple who crashed into Darby’s car both died in the car accident. Doctors are uncertain whether Darby will ever regain the ability to walk.
In Georgia, Pregnant Women Who Lose a Fetus Can Sue for Wrongful Death
In a car accident where the other party is at fault, the surviving victim can sue the party at fault for negligence and seek damages to compensate them for the injuries they have sustained. If one of the accident victims died from their injuries, then that victim’s survivors can sue the at-fault party for wrongful death. But what about if the victim who died was an unborn child? In Georgia, surviving mothers can sue at-fault drivers for wrongful death if a car accident leads to the death of their unborn fetus. However, the fetus must have reached the stage in development at which they are “quick,” which means that the mother can feel the fetus moving. Quickening can occur as early as 13-16 weeks from the mother’s last period. But the general rule is that fetuses quicken between 18 and 24 weeks of gestation.
Darby Could Sue Estate for Wrongful Death
In a case like Karlissa Darby’s, could the mother sue the drivers for wrongful death? First, the drivers at fault in the accident are deceased, so Darby would have to sue the estate for wrongful death. Second, Darby has a lot of other serious injuries that she should get compensation for. She will likely have extensive medical bills and a long, painful recovery. Next, it’s clear that the other party was at fault. Driving the wrong way on a busy street is a blatant violation of the rules of the road, and law enforcement officers who investigated the crash have found that the other drivers were at fault. But in addition, she has lost her unborn child due to the negligence of the other drivers. In Georgia, this is the basis for a wrongful death claim. It’s necessary, though, that Darby’s pregnancy had advanced to the quickening stage for the wrongful death claim to succeed.
Our Attorneys Can Help You
If you or someone you know has suffered injuries from a car accident, it is imperative that you speak with an attorney today. Contact an experienced car accident lawyer at Williams Elleby Howard & Easter in Cobb County today for more information on whether or not you have a case.
