Donegan wants the driver charged with manslaughter, which isn't possible under our current laws.
I'm not a lawyer (I'll be interested in reading more trained commentary - Jo Tamar I'm looking at you :) ), but it seems to me that this is one of the stickier questions in law. Whilst I understand that losing a baby at 32 weeks (because regardless of technical definitions, I think most women are thinking of the foetus as a "baby" by 32 weeks) is devastating, and deserves to be treated as something more than another broken bone, I'm nervous about declaring that the foetus is legally a born person. I'm fairly confident that I don't want to see the death of a foetus as manslaughter, but perhaps a specific category - loss of a foetus as a consequence of harm to the mother - may help address the gap between a late term foetus being either equivalent to the rest of your body tissue or being a equivalent to born person. I think that defining it in terms of harm to the mother helps to avoid unintended consequences that may make it impossible for a woman to terminate a late term pregnancy in life threatening circumstances.
I feel keenly for Brodie Donegan, and I don't blame her for wanting this changed, but it's critical that we don't invoke the Law of Unintended Consequences in a terrible way.