Did you know that being pregnant can change how a car accident is handled legally? When you’re involved in a car accident while pregnant, it’s not just about your injuries, but also about the safety and health of the life growing inside you. For this reason, there are legal protections that specifically apply to a pregnant woman in a car accident.
You may be entitled to compensation beyond standard injury claims, and strict legal deadlines apply. Understanding your legal rights ensures you’re protected, properly compensated, and able to make informed decisions during this vulnerable time.
Read on to understand what legal protections are available to you when involved in a car accident when pregnant and how to confidently pursue the justice and compensation you deserve.
Why Auto Accidents Pose Unique Risks During Pregnancy
Car accidents are dangerous for anyone, but even more so for pregnant women because two lives are involved, and the developing baby is especially vulnerable to trauma and stress.
Even mild impact trauma to the belly can cause fetal distress and lead to preterm labor, miscarriage, and stillbirth. And even when there is no physical impact, the emotional trauma of being in an auto accident can still affect your baby’s health.
Typical Pregnancy-Related Injuries from a Car Crash
Some of the most common pregnancy-related injuries from being involved in a car crash while pregnant are:
- Placental abruption. The placenta separates from the uterus and cuts off oxygen and nutrients from the baby. Symptoms of it include vaginal bleeding, abdominal pain, and rapid uterine contractions.
- Uterine rupture. A tear in the wall of the uterus. It is usually life-threatening for both mother and baby. Symptoms incude vaginal bleeding and signs of shock (such as rapid pulse and low blood pressure).
- Fetal distress. Signs that the baby is not well. Symptoms often include decreased fetal movement and abnormal fetal heart rate.
- Amniotic rupture. Premature breaking of water, which leads to preterm labor.
Immediate Actions After a Car Accident While Pregnant
Here’s what to do if you’re involved in a car accident while pregnant:
Step 1: Prioritize your safety
Stay calm. Check for any injuries. And move to a safer place.
Step 2: Call emergency services
Call 911 and report the accident. Ensure you mention that you are pregnant, so that the emergency personnel can prioritize care for you.
Step 3: Document the accident.
Gather information about the accident if you’re able to. Take photos of the accident, write down license plate numbers, and exchange information with the other driver
Step 4: Seek medical attention
Go for a thorough checkup after an accident. Don’t say you feel fine because your baby may not be.
Step 5: Contact an experienced car accident lawyer
Never agree to a settlement for a car accident while pregnant
Car accident lawyers at Royce Injury Lawyers have extensive experience in helping victims of car accidents, including pregnant women, navigate the claims process and get worthwhile compensation for bodily injury, emotional distress, and any harm to their unborn baby.
How to Seek Compensation Following a Prenatal Accident
If you got in a car accident while pregnant, the first step in seeking compensation is to file a personal injury claim against the insurer of the at-fault driver.
Personal injury lawyers from Royce Injury Lawyers can help you build a strong case and protect your interests from insurers who may try to minimize your claim.
To succeed with your claim, you must prove that:
- The other party was at fault for the accident.
- The accident directly caused your physical injuries, emotional trauma, or complications affecting your pregnancy.
Compensation for a car accident while pregnant
- Economic damages (medical expenses, lost wages, and rehabilitation costs).
- Non-economic damages (emotional distress, pain and suffering, and loss of enjoyment of life).
- Special circumstances, such as:
- Damages for fetal injury
- Damages for pregnancy loss (miscarriage or stillbirth)
- Neonatal care expenses if you give birth to the baby prematurely
- Ongoing medical monitoring to ensure the baby’s health throughout the remainder of the pregnancy.
- Future medical costs if the baby has developmental issues as a result of the accident.
What If You’re Partly at Fault? Understanding Shared Liability
If you’re pregnant and partly at fault in an accident, you may still be eligible to recover some compensation under the comparative negligence or shared liability principle.
Missouri practices pure comparative negligence, which means that you can recover damages even when you’re 99% at fault. But the compensation is reduced by your percentage of blame. That is, if you’re awarded $100,000 for an accident you’re 20% at fault, your compensation is reduced by $20,000, and you’ll receive only $80,000.
Note: Some states (e.g., South Carolina) use the modified comparative negligence, where you can recover damages only if you are not more than 50% at fault.
Rideshare and Commercial Vehicle Crashes During Pregnancy
If you’re pregnant and your Uber, Lyft, or taxi gets in an accident, the situation can become more complex, as such cases often involve layers of insurance, corporate responsibility, and legal procedures.
For example, rideshare companies provide up to $1 million in liability coverage, but recovering compensation can be complicated, as it depends on the driver’s status in the app when the crash happened. Also, while commercial drivers typically carry higher-limit insurance policies, these are often backed by corporate insurers with aggressive legal defense teams trained to minimize payouts.
However, experienced rideshare accident lawyers at Royce Injury Lawyers can help you get the compensation you deserve. They can help you recover damages from:
- The rideshare company’s policy
- The commercial driver’s insurance
- The liability insurance of the driver’s employer
- Your own motorist policy
Average Settlement for a Car Accident While Pregnant
The average settlement for a car accident while pregnant
Settlements often fall in these ranges
- Mild injuries with no pregnancy complications: $10,000 – $50,000
- Moderate injuries with temporary pregnancy concerns: $50,000 – $150,000
- Severe complications (e.g., preterm labor, placental abruption): $150,000 – $500,000+
- Pregnancy loss or long-term fetal harm: $500,000 – $1 million or more
Note: Each case is unique and influenced by several factors, including medical expenses, severity of injuries, emotional distress, lost wages and future income, and the available insurance policy limits.
How Long Is the Time Limit to File a Claim?
It’s important to file a claim promptly after an accident, as there are legal deadlines for filing a claim (called statutes of limitation). In most states, the time limit to file a personal injury claim is 1 to 3 years from the date of the accident. But in Missouri, it’s 5 years.
However, exceptions may apply in special circumstances, such as delayed discovery of fetal injury and post-birth injuries related to the crash.
Your Next Steps for Peace of Mind and Protection
A car accident when pregnant can have lasting consequences for both you and your unborn child. Even minor accidents can pose serious risks to a developing baby.
Do all you can to reduce the risk of accidents when pregnant by wearing your seat belt properly, sitting as far back from the steering wheel as is comfortable, avoiding distractions when behind the wheel, and limiting long drives.
But if an accident occurs, get checked immediately (even if you feel fine) and consult a lawyer to file a car accident while pregnant lawsuit
Book a free consultation and see how Missouri’s leading personal injury lawyers can help you!
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