Being in a car accident while pregnant can mean months of worrying. You have emotional distress, and you’re concerned about harm to your unborn child.
Bobby Jones Law explains what to do if you’re in a car accident while pregnant.
10 Things To Do If You’re in a Car Accident While Pregnant
1. Report the accident
Call 911 and report the accident. If the accident is minor and there is no possibility of injury, call law enforcement on a non-emergency line. Reporting the accident creates a record of when and where it occurred. This begins the documentation process.
2. Tell them you’re pregnant
Emergency responders need to know that you’re pregnant. That way, they can be sure to check the welfare of the fetus and assist you in the best way.
3. Get medical attention if there is any chance you are injured
Seek medical attention if there is any chance of injury, including any object penetrating the body. Get medical care if there is airbag deployment. Major trauma can create up to a 50% risk of fetal death. Immediate medical care can help you and your unborn child.
4. Follow up with your doctor
Even if you choose not to seek medical attention at the time of the accident, follow up with your doctor as soon as possible. They can give you information and the peace of mind that everything is okay.
5. Involve an attorney early
Having a car accident attorney gives you an experienced professional on your side. They can preserve evidence quickly after the accident. They can guide you through the medical process to document your injuries and claim the compensation that you deserve.
6. Monitor symptoms
Learn the common complications for an unborn child that may occur after a car accident. Continue to monitor your symptoms. Seek medical attention if there are any signs of distress.
7. Document injuries and damage
To be fairly compensated for injuries to mother and baby, you must fully document damages, and that requires medical care. You may need evaluations to identify and document injury for the purposes of your case. In addition to compensation for physical losses, you may receive compensation for emotional distress and worry about the unborn child. Your attorney can guide you throughout the documentation process.
8. Understand your rights
As a car accident victim, you have important rights. Your child has important rights, too. Even if the child is ultimately born healthy, you may receive compensation for additional medical expenses and the mental distress of what occurred. If your child is born with injury, or if fetal death occurs, compensation may be paid accordingly. The exact process depends on the harm that occurs.
9. Build your case
If you are pregnant and in a car accident, you must prove your case for compensation. Not only does this mean proving damages, but it also means proving the entire case. You must show who is at fault and that you have the right to compensation. You may have an attorney represent you.
10. Claim your compensation
While many claims are settled through insurance, you may file a formal legal claim. Your attorney can represent you through settlement negotiations or trial. The exact steps will vary based on the facts and the complexity of the case.
Understanding the Risks to Mother and Baby
Car accident trauma increases the risk of placental abruption, uterine rupture, uterine laceration, and direct trauma to the fetus. Injury can occur whether the pregnant person is driving or a passenger. Head-on, side-impact, broadside, rollover, and multiple-impact crashes can result in harm.
Potential Pregnancy Complications from Car Accidents
Potential pregnancy complications from a car accident may include the following:
- Placenta injury including abruption
- Pelvic fracture
- Direct trauma to the fetus, including penetrating injury
- Uterine injury, including transection, rupture, and laceration
- Premature birth, neonatal respiratory distress
- Cesarean birth
- Fetal death, stillborn
Even a minor crash can have devastating consequences. For example, one to five percent of minor crashes and 20 to 50% of severe crashes involving a pregnant woman result in placental abruption. Placental abruption is the leading cause of death to the unborn child in a car accident.
Legal Rights in a Car Accident While Pregnant
If you’re in a car accident while pregnant, the pregnancy should be considered when determining the appropriate amount of compensation. The way that the pregnancy will be valued and the way the case proceeds depends on several factors and scenarios:
Child is born healthy, no complications
You may claim for your injuries and damages, such as reasonable medical exams and mental distress from worry. The appropriate amount depends on the circumstances.
Child is born with complications
You may claim for additional expenses and medical distress. Once viable, the child may have a claim for tortious injury. Their claim may be a distinct personal injury claim. See Hall v. Murphy, 236 S.C. 257 (1960); Fowler v. Woodward, 244 S.C. 608 (1964).
Child does not survive; child not viable
There is no independent action. Injury to the fetus will be recognized in the mother’s personal injury claim, including the mother’s emotional distress. West v. McCoy, 233 S.C. 369 (S.C. 1958).
Child does not survive; child viable
The child’s representative may maintain a separate action for wrongful death. The mother may bring their own personal injury claim. Todd v. Sandidge Construction Company, 341 F.2d 75 (4th Cir. 1964).
Documenting the Accident for Insurance and Legal Purposes
Remember that injury to the mother and child may not be known until the baby is born.
Documenting the accident for insurance and legal purposes may be a lengthy process. At Bobby Jones Law, you have a lawyer to guide you through the process.
Contact an Experienced Greenville Car Accident Lawyer
Have you been in a car accident while pregnant? Report the accident and get medical help.
Then call Bobby Jones Law. Robert “Bobby” Jones is an experienced Greenville car accident lawyer who represents clients in compensation claims, addressing unique issues that are important for pregnant mothers and children.
We invite you to contact Bobby Jones Law.
