The incident happened around 1:30 Monday afternoon at the North Pines picnic area in Bass Lake.
The eight-and-a-half-month-old's father, 33-year-old Marc McMurrain was questioned, but has not been arrested. Deputies are still investigating this case.
As for the baby, he was airlifted to a local hospital, and we've just learned, he will survive his injuries.
Marc McMurrain told investigators he was unloading his van at Bass Lake's Pine Slope picnic area, when his baby crawled out of an open window.
Erica Stuart said, "And he was meeting people and so he was bringing all the picnic accessories to the gathering, and then was gonna come back for the kid."
The child fell head first onto the pavement, suffering severe injuries. A Good Samaritan, who was passing by at the time, saw what happened and ran over to help.
"The child was screaming. He rushed to its side and then proceeded to call 9-1-1."
Action News has learned, this isn't the first time law enforcement has made contact with McMurrain. He was arrested back in April of 2011, on four charges, including, willful cruelty to a child and driving without a license.
Parents we spoke with in the same picnic area were upset to hear what had happened earlier, calling it scary and irresponsible.
Ana Meyer said, "I think it's awful. It's careless. He could have left the baby with anyone or taken the baby out and put him in a bouncer and keep him near him."
Kara Veater said, "You just don't do that. And, my question would be, why was that child not restrained in a car seat."
That's what investigators are still trying to figure out.
In the meantime, McMurrain's son has been placed with child protective services.
Stuart said, "There's a question right now as to how long he says he was gone from the vehicle versus how long witnesses say he was gone from the vehicle, but the bottom line is you don't leave a child unattended for any amount of time."
McMurrain was questioned. And while he was not arrested, he could face felony child endangerment charges.