Pregnant Woman’s Baby Dies After Car Hits Her, But the Law Says Her Unborn Child Isn’t a Human Being

State   |   Sarah Zagorski   |   Mar 2, 2015   |   8:11PM   |   Denver, CO

In Colorado, a pregnant woman lost her unborn baby after a car hit her while she walking on the sidewalk with family members. The woman, Leah Montgomery, was walking with her 18-month-old son and the child’s grandmother. And now, the police have confirmed that teenagers were driving the vehicle that hit the woman.

Although the baby died, prosecutors will not be able to bring charges for the unborn child’s death because Colorado state law does not regard unborn children as human beings who deserve justice when they are killed, even outside the context of abortion.

Leah’s husband, Matt Montgomery made a statement through his attorney to 7NEWS about the incident.

He said, “Leah is in stable condition and improving daily, although she will have an extensive recovery period. It is with great sadness that the family reports that Leah lost her baby. Leah is surrounded by her friends and family and they thank everyone for their outpouring of love and support. They also want to thank everyone for respecting their privacy during this difficult time.”

According to police, the investigation is ongoing and no one has been arrested or charged in the case.

Here’s more:

The tragic collision occurred just before 3 p.m. on Feb. 18 as the woman, Leah Montgomery, was walking on the sidewalk with her 18-month-old son, who was in a stroller, and the boy’s grandmother.

A vehicle driven by a juvenile male with a juvenile female passenger was speeding southbound on Holly when collided with another vehicle, also driven by a juvenile male, that was making a left turn from northbound Holly onto 138th Avenue, police said. The crash happened near Horizon High School.

The southbound vehicle went up on the sidewalk, hitting Montgomery, her son and the grandmother. Montgomery was transported in critical condition to Denver Health Medical Center.

Witnesses told 7NEWS the pregnant woman flew in the air like a rag doll. The grandmother and toddler were also treated at the hospital for non-life-threatening injuries.


Currently, 36 states have fetal-homicide laws, 24 of which protect unborn children from the time of conception, and 38 states have wrongful-death laws, which protect unborn children at least after viability. However, Colorado does not have laws protecting unborn babies who die from vehicular homicide and giving them any justice by holding criminals accountable for killing them.

In 2004, President Bush signed the Unborn Victims of Violence Act, which protected unborn babies killed through violence. After it passed, Denise Burke, an attorney with Americans United for Life, said pro-life advocates must now turn their attention to state legislatures to make sure every woman is protected.

She said, “While the Unborn Victims of Violence Act is a significant victory for victims of violent crime and their families, it is important to remember that homicide is primarily a state crime, as opposed to a federal crime. So, it is critically important that all 50 states provide similar protection for the unborn.”