‘Our baby was not considered a person in the eyes of the law when he died at 34 weeks,’ mum Elodie Aldridge wants law change

A grieving mum whose son was ­stillborn after a horror car crash in Shepparton East is calling for an urgent change.

A mother whose son was ­stillborn after she survived a horror three-way collision in Victoria’s north says the laws that failed to recognise her unborn child as a victim “need to change”.

Elodie Aldridge, 34, was heading home from a midwifery appointment, pregnant with her 34-week-old son Remi Aldridge, when her car was hit at over 80km/h by Chrystle Kemp in Shepparton East on October 20, 2023.

Remi would suffer fatal injuries in utero and was delivered stillborn in hospital after Ms Aldridge spent more than an hour trapped in her car.

Kemp’s five-year-old niece, Savannah, who she had picked up from kindergarten, died at the scene.

Kemp pleaded guilty to dangerous driving causing death and dangerous driving causing serious injury in Shepparton County Court in November last year, but avoided jail time.

Chrystle Kemp pleaded guilty over the crash that claimed the life of her five-year-old niece Savannah.

Last week, Ms Aldridge filed legal action against Ms Kemp in the County Court of Victoria, seeking substantial compensatory damages for her pain and suffering, loss of enjoyment of life and financial loss following the collision.

In a statement to the Herald Sun, Ms Aldridge said the loss of her first child, as well as the physical and psychiatric injuries she sustained, would affect her for the rest of her life.

“I hope nobody has to experience the loss I need to live with each day,” Ms Aldridge said.

“Rest in peace our beautiful boy.”

Elodie Aldridge is seeking damages from Kemp. Picture: 7News

Echoing an emotional plea she made outside court last year, Ms Aldridge said she hoped the state government would change the law to recognise unborn babies in court.

If, at the time, Remi had been recognised under Victorian laws, like those in NSW, Ms Kemp would have faced another charge of dangerous driving causing death.

“Our baby was not considered a person in the eyes of the law when he died at 34 weeks; the laws need to change,” Ms Aldridge said.

The aftermath of the horror crash in Shepparton East.

LHD Lawyers practice leader Marko Eric, representing Ms Aldridge, said they sought legal action against Ms Kemp after they received an offer for compensation that was considered “inadequate”.

In a writ filed in court, Ms Aldridge alleges a list of graphic injuries she sustained as a result of the collision, as well as the longer term effects such as post traumatic stress disorder and prolonged grief disorder.

She is also claiming that she was “incapacitated” as a result of the collision and was unable to work in the 18 months following the incident.

The Shepparton County Court heard how Ms Kemp had missed clearly visible warning stop signs metres out from the Boundary Rd intersection before colliding with Ms Aldridge and another vehicle.

She was sentenced to a two-year community corrections order, ordered to perform 250 hours of unpaid community work and was banned from driving for two months.

Judge Geoffery Chettle said Ms Kemp’s case was rare, meeting the threshold for avoiding jail for dangerous driving causing death and noted her pain and suffering as a result of the collision.

“You have already been severely punished for your crimes,” Judge Chettle said at the time.

Ms Kemp was contacted for comment.

Originally published as ‘Our baby was not considered a person in the eyes of the law when he died at 34 weeks,’ mum Elodie Aldridge wants law change