A 9-year-old Dayton girl involved in an accident on Interstate 45 north of Huntsville late Sunday afternoon died Monday at Memorial Hermann Hospital.
Jennifer Aguilar, who was air-lifted to the hospital with three of her family members, died from injuries sustained when she was ejected from an SUV which included multiple skull fractures, according to Department of Public Safety Trooper Jack Dean of Huntsville.
Dean said criminally negligent homicide charges are expected to be filed against the driver of the vehicle for not ensuring that Jennifer Aguilar, in addition to 14-year-old Hernan Aguilar and 12-year-old Maria Aguilar, was wearing a seat belt.
“Jennifer Aguilar was pronounced dead on Monday afternoon,” Dean said Tuesday. “After speaking with the Walker County Criminal District Attorney’s office, I intend to pursue criminally negligent homicide charges against the driver, 36-year-old Mariana Aguilar.
“When a wreck like this happens and someone dies, necessary steps will be taken for someone to go to jail.”
The accident, which took place at 5:45 p.m. near Mile Marker 130 in the southbound lanes, occurred when Mariana Aguilar’s Ford SUV hit the center median and subsequently rolled two times.
“Driver Mariana Aguilar failed to control her speed, entered the center median, tried to pull the vehicle back onto the roadway and entered into a side skid,” Dean said. “The vehicle rolled two times before coming to rest on its top in the middle of Interstate 45.
“The driver, a 14-year-old male, a 12-year-old female and a 9-year-old female were all ejected from the vehicle, none of whom were wearing seat belts.”
Two other passengers in the vehicle, including a month-old infant, Rojelio Aguilar, and 37-year-old passenger Leticia Aguilar, were protected by either a child seat or a seat belt and did not receive serious injuries.
Jennifer Aguilar received the most life-threatening injuries of those involved in the accident, Dean said.
“When the car flipped the first time, she was automatically ejected and must have gone at least 50 yards,” he said. “The vehicle actually came to rest right next to her, so she’s lucky she didn’t get run over.
“She was the one who was ejected the furthest, and she received multiple skull fractures and a broken femur.”
Dean said the driver of the vehicle was cited for failure to control speed and for allowing children to ride in a vehicle while unsecured by a safety belt.
“When there is an adequate safety belt available for a passenger, it is the driver’s responsibility to make sure each passenger is wearing a safety belt,” Dean said. “In this situation, where everyone in the car was positioned, there should have only been one person who was not wearing a safety belt.
“Only the 37-year-old passenger was wearing a seat belt, and the one-month-old was properly strapped into a child seat.”
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