Pregnant Woman Killed by DUI

Written by Steven Peck, ESQ. Category: Personal Injury August 7th, 2014 4 min read

The accident in question was reported last week. Here are the details:

An impaired driver on probation for DUI crashed off Highway 44 near Millville, killing his passenger, a pregnant woman, Friday evening, say officers with the California Highway Patrol.
“We are going to seek second degree murder charges,” said Sgt. Ron Farris, with the CHP. “He’s already on probation for DUI.”

The driver, Robert W. Frederick, 36, of Burnt Ranch, and his two other passengers, Kevin J. Rawlins, 32, of Bella Vista, Jennifer M. Jones, 32, of Lewiston, suffered moderate to major injuries in the crash, near Highway 44 and Butler Road, at about 9:30 p.m.

Arriving units found an overturned Toyota Camry about 100 feet off the Highway engulfed in flames, though bystanders had rescued its four occupants, officers said.

The pregnant woman, who is from Weaverville, was rushed to Mercy Medical Center with “severe blunt force trauma” type injuries, officers said.

CHP did not give an age, and Farris said Saturday officers were still working on identifying her.
En route to Mercy Medical Center, paramedics said the woman, 20-years-old and four months pregnant, suffered several injuries.

She succumbed to her injuries at the hospital, officers said. Her unborn child did not survive, Farris said.

She had been in the rear, passenger side seat, officers said.

Officers said Frederick drifted onto the south shoulder while heading westbound in a 1995 Toyota Camry at an undetermined high rate of speed.

Farris said it was well above the speed limit.

Frederick lost control, crashed through a fence and rolled his car several times before coming to rest about 100 feet off the roadway, Farris said.

Rawlins, Frederick and Jones were wearing seatbelts and taken to Mercy Medical Center, officers said.

Rawlins suffered cuts to his left arm and pain in his spinal area. Jones suffered bruises to her face and back and neck pain, officers said.

Farris said Frederick has been arrested on suspicion of felony DUI and had been on probation for a previous DUI.. He is still being treated at Mercy Medical Center.
Highway 44 was closed for about 20 minutes to aid firefighters, who contained the car fire, Farris said.

The woman and child’s deaths are the fifth and sixth ones linked to impaired driving in the North State since May.

“You cannot drink and drive,” said Sgt. Ron Farris. “It’s got to stop… DUI is DUI as far as I’m concerned.”

Source: Redding.com

Aside from the horrific death of a young pregnant woman, the driver who hit her was on probation for a previous DUI (driving under the influence). As a result, the Redding Police Department is seeking second degree murder charges against him. Additionally, the young woman’s death is the 5th or 6th death linked to impaired driving in the North State since May.

This particular case has several moving parts. For example, it is clearly injury law. Rather, specifically, car accident injury law. The individual who hit her was intoxicated and on probation, which means that a judge in California deemed him fit to drive. Could the state be liable? Furthermore, the young woman who died was in a hospital. Was there any medical negligence?

Who is Liable?

Obviously the driver is liable. However, others might be liable, too. This is part of what’s called DISCOVERY.

The attorneys of record will likely look at her medical records in their entirety including the records from the hospital to find out exactly what happened from a medical perspective. Were any mistakes made? Is it possible this woman might have been saved? If negligence was at play, the hospital and its doctors could also be liable.

As part of DISCOVERY, attorneys will look at any potential issues with the highway they were driving on to find out how many accidents have occurred in that specific section of the highway over the past 5 years. It’s possible, even though the driver was drunk, that this section of the highway is known for being problematic and has a higher rate of accidents.

As you can see, there are a lot of moving parts. The objective isn’t to find fault. Rather, it’s to omit culpability and figure out what happened. The family has a right to know exactly what happened to their loved one every step of the way. If they choose to file a lawsuit, they need to know who is liable and why they are liable. Conversely, if they choose not to file a lawsuit, at least they have all the facts and can make an educated decision.

What do you think? What would you want to know? We’d love to hear your thoughts and feedback.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Steven Peck, ESQ.

Expertise: Personal Injury

Attorney Steven Peck has been practicing law since 1981. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to protect those involved in personal injuries. For over 43 years, his dedication has been unyielding. Steve's approach to client representation and care is deeply respected by his colleagues and clients alike. Steven Peck has extensive trial experience and has recovered tens of millions of dollars in damages for clients.