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Irwin Mitchell Supports Parents’ Campaign After Unborn Baby Killed In Somerset Crash

Lawyers Helping Family To Try And Come To Terms With Tragedy

23.04.2019

Andrew Hewitt, Press Officer | 0114 274 4255

A couple who lost their unborn daughter in a crash are campaigning for new laws which could see drivers prosecuted for causing the deaths of unborn children.

Jackie and Tom Luxon were injured in a crash which happened on the B3151 near Somerton, Somerset, on 28 March, 2018.

Jackie, who was 26 weeks pregnant at the time, suffered serious injuries including a double leg fracture. Tom suffered minor injuries.

Their three-year-old daughter also suffered a broken neck and was paralysed for a period of four months.

Tragically the couple’s unborn baby, Grace, was fatally injured.

The family instructed expert serious injury lawyers at Irwin Mitchell to help them access specialist therapies and rehabilitation as they attempt to come to terms with what happened.
 
Jackie and Tom have now officially launched a campaign calling for unborn babies over 24 weeks’ to be officially recognised in law, allowing for charges to potentially be brought against motorists responsible for their deaths as part of the Road Traffic Act.
 
The driver who caused the crash in which Grace died could only be charged with causing serious injury by dangerous driving as the law at present does not recognise unborn children.

Expert Opinion
“It may be a year since Grace’s death but the pain and loss that Jackie and Tom continue to experience is still understandably extremely raw.

“What is even more tragic about this case is that while the Road Traffic Act did not recognise Grace and so would not permit charged to be bought in respect of her death. Jackie and Tom had to go through the heart- breaking experience of registering the death of a daughter they had been denied the opportunity of meeting.

“While nothing can ever make up for their tragic loss in such needless circumstances we continue to support the family to help them overcome what happened and also in their campaign calling for changes in the law.

“Grace’s death also vividly highlights the need for drivers to take care at all times so other innocent road users don’t have to suffer like Jackie and Tom have.”
Georgina Moorhead, Solicitor

The driver responsible was jailed for three years and seven months years in January. He pleaded guilty to two counts of causing serious injury by dangerous driving.

Find out more about Irwin Mitchell's expertise in supporting families affected by road crashes