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Pregnant Woman Hit by Car on Due Date

On the first day of June in Attleboro, Danni Bultemeier was due to give birth, but instead was hit by a car that jumped the curb, according to WBZ-TV. Luckily for Bultemeier, 14-year-old Alycia Leblanc pushed her away from the full force of the impact, reports WPRI.

The two were in line outside a food pantry when the car plowed into the group, reports WBZ-TV. WBZ continues that Bultemeier remembers being up on the hood of the car with her feet at the bumper and then sliding off onto the ground.

But what if things had not turned out so well?

It's clear that Bultemeier would have a lawsuit no matter how she was hit. The law of negligence requires all people to act reasonably in their actions to avoid harming one another.

Here, according to WBZ, the driver had a history of heart disease and seizures. This fact means that it was probably not a great idea for her to get behind the wheel of an automobile. On the other hand, if she was properly medicated for her ailments, it may have been reasonable for her to drive.

Now, if it's assumed that the driver had been negligent, there would remain a question of what would occur if the worst case scenario happened, and the unborn child died.

A wrongful death claim requires that a human dies because of the negligence or harmful intent of another. Under Massachusetts law, only a viable fetus is protected by the wrongful death law.

Here, had the unthinkable happened, Bultemeier would have had a wrongful death action for her unborn child. This is so because she was due to give birth on the day she was hit. Had she been in the first or second trimester of pregnancy it could have been a different story.

Thankfully, the heroism of Ms. Leblanc assured that Danni Bultemeier was only the pregnant woman hit by a car in Attleboro, and not the woman who lost her baby after being hit.

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