A car accident is stressful for anyone, but the risks are even greater when you’re pregnant. Beyond the immediate impact, even a minor collision can raise concerns about your health and your baby’s well-being. Knowing what steps to take right away can protect you both and give you peace of mind.
Getting into an accident while pregnant can lead to many complications. Your baby could be injured, sometimes severely, in a crash. Many hopeful parents are unsure of their legal rights after an accident, especially when their baby is disabled or delivered too soon. Contact a law firm if you have any questions or need help with an accident claim. McCravy, Newlon, Sturkie & Clardy is here to help.
If you were involved in a car accident while pregnant, our Anderson, SC car accident lawyer can discuss your legal options and the process for receiving a settlement.
Complications from a Car Accident While Pregnant
The main fear for pregnant accident victims is that the fetus will be injured in the crash. A lap belt can cut into the abdomen during an accident and cause trauma to the placenta.
Some complications include:
- Placental abruption. The force from the lap belt can detach the placenta from the uterine wall, depriving the baby of oxygen and nutrients. Symptoms include vaginal bleeding and abdominal pain.
- Preterm labor. A woman might go into early labor. Contractions are the primary symptom that your body is trying to deliver the baby.
- Uterine rupture. A violent accident might lead to a rupture of the uterus, which injures both mother and child.
- Miscarriage. A miscarriage is a possibility when involved in a car accident while pregnant.
- Premature birth. The baby might be delivered early due to the trauma-inducing labor.
- Precautionary hospitalization. A mother might be hospitalized as a precautionary measure after a car accident. Extra time in the hospital can increase the cost of pregnancy.
- Rest at home. If not hospitalized, a mother might be told to avoid leaving bed, which means she cannot go to work. Her family will suffer a loss of income.
These complications endanger the health of your baby but also cause unexpected costs. A car accident is already expensive for those who are not pregnant. But pregnancy can increase how much money you end up losing. Helpfully, you can bring a legal claim against a negligent driver for striking your vehicle.
Seeking Compensation when Pregnant in a Car Accident
Anyone injured in a car accident may seek financial compensation in a claim. This compensation can cover medical care, car repairs, and lost wages.
What happens if you suffer complications because you are pregnant during the crash?
Wrongful Death Claim
The most horrifying thing is losing your child because of an accident. Generally, South Carolina law lets parents bring a wrongful death claim for the death of a child. South Carolina even has a law called the Prenatal Equal Protection Act, which defines a fetus as a person.
Nonetheless, South Carolina courts have not allowed parents to bring wrongful death cases when an undelivered child is killed in an accident.
In Crosby v. Glasscock Trucking Co., a woman suffered a miscarriage at 20 weeks in her pregnancy when a truck hit her vehicle. She sued for wrongful death. However, the trial court held that a fetus was not a legal person for purposes of the wrongful death statute. The state Supreme Court upheld that ruling.
This law might seem unfair. After all, losing an unborn child is devastating. However, this is the current state of the law in South Carolina.
Personal Injury Claims
An injured mother may bring a personal injury claim for her losses suffered in an accident. Her damages include:
- Medical expenses. You can seek compensation for all medical care, including precautionary hospitalization. Remember to keep all medical bills.
- Lost income or wages. Did your doctor tell you to avoid work? You can seek compensation for all lost income.
- Property damage. Damage to your car is also covered. The at-fault motorist should have liability insurance to pay to fix your vehicle.
A mother can also seek compensation for mental or emotional distress. Those damages would include the grief suffered when losing a baby in a car accident. Remember to tell your lawyer if you tragically lost a child in a car crash. That fact can impact the compensation you receive.
Steps to Take After a Crash
Here is what to do if you are pregnant in a car accident:
- Seek immediate medical help. Go to the hospital so a doctor can check if you developed a complication, like placental abruption. You will probably need an ultrasound.
- Call the police. You need to document the crash, and calling the police is a good step. The officer can swing by and create an accident report.
- Ask someone to document the scene. Although you can document it yourself, pregnant women should receive medical care as soon as possible. Ask someone in your car to take photographs of the accident scene and talk to witnesses while you get to the hospital.
- Follow your doctor’s orders. This step not only strengthens your legal claim, but it also improves the odds your baby will be born healthy.
- Reach out to an experienced Anderson, SC personal injury lawyer. We can provide additional advice to help you through this difficult time.
What happens if your baby shows learning disabilities or has low body weight? Call our office. We can analyze whether a baby has any legal rights for injuries suffered while in the womb.
Consult an Experienced Anderson, SC Car Accident Lawyer
Our firm is proud to help expectant families in personal injury cases in the 29625 zip code. If you were hurt in a car crash, contact McCravy, Newlon, Stukie & Clardy today. We can review what damages to request in an insurance claim or personal injury lawsuit. If you lost your baby, you have our condolences. Our firm will seek emotional distress damages to account for the tragic loss of life. Call us to schedule a free consultation with a lawyer.