Posted on Tuesday, March 10th, 2020 at 12:49 pm
Breanna Brown Eaton, a 24-year-old youth pastor, and her unborn daughter, Adelaide Bryn Eaton, passed away on the way to the hospital after a fatal car accident in Walker County. Jacob Eaton, Breanna Eaton’s husband, was driving and is in very critical condition at UAB Hospital’s Trauma Unit with two broken shins, a broken upper left arm, a broken tail bone, a pelvic injury, and a collapsed lung. A 2008 Ford Taurus driven by James Long of Tennessee struck the Eatons’ car head-on around 10 p.m. on Hwy 69, 12 miles north of Jasper.
A GoFundMe has been established to help Jacob Eaton with his medical costs and the funeral of his wife and unborn daughter. Donations can be made here.
What follows this tragedy?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Kirby Farris.
TIFFANY BITTNER: Our hearts break for this family and the Winston County community. A GoFundMe account has been established for Jacob Eaton. Other than funeral costs, what kind of expenses can he expect to see related to this tragic accident?
KIRBY FARRIS: Mr. Eaton experienced severe injuries that will take time to heal, but he will heal. The emotional and psychological injuries are something that can actually take longer to address. There is no doubt that Mr. Eaton is a strong, devoted man and husband – but even the strongest of us need time, and sometimes counseling, to get through a tragedy like this. Even with health insurance, medical expenses can add up quickly. Depending on the amount of coverage, James Long’s insurance carrier is likely responsible for compensating Jacob Eaton for medical expenses, as well as for the pain he is suffering and his time away from work. Unfortunately, since there are fatalities involved, Jacob Eaton has a right to assert punitive damages against the adverse driver and also recover the cost of funeral arrangements.
TIFFANY BITTNER: According to AL.com, Breanna Eaton was so excited to be a mother and had struggled to get pregnant. What rights does her unborn daughter have against James Long’s insurance company?
KIRBY FARRIS: Alabama law protects the unborn. In fact, recent law establishes that even pre-viable fetuses have the same rights as anyone else. The significance of this as it applies to this and all other similar situations is that not only can there be a wrongful death claim based on the death of Mrs. Eaton, but also for their unborn daughter. The purpose of this law is to prevent similar future harms from happing again.
TIFFANY BITTNER: Kirby what are the chances that James Long was distracted when he collided with the Eatons?
KIRBY FARRIS: I would say there is a 90% chance he was distracted. A driver can be distracted by more than just a cell phone. Changing the radio can distract a driver. Eating in the car can take your eyes off the road for just enough time to cause serious harm to other drivers. This is why we routinely educate young and inexperienced drivers on the dangers of distracted driving.
TIFFANY BITTNER: Kirby, you are from Winston County – what advice to you recommend for the friends and family of Mr. Eaton?
KIRBY FARRIS: Support. Support, love and prayer.
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Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At The Farris, Riley & Pitt LLP Personal Injury Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a Farris, Riley & Pitt, LLP personal injury attorney or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.