Car accidents are far too common in the U.S. An estimated 19,515 people died in motor vehicle traffic crashes in the first half of 2023.
During that period, Texas recorded 2,089 fatalities, ranking as the first state with the highest number of accidents. A close second was California, with 2,061 fatalities. Florida rounded out the top three with 1,772 fatalities. Georgia, despite having the best drivers, recorded 764 accidents.
Not only children and young adults, but pregnant women are also victims of accidents. Recently, a pregnant Georgia woman and her baby were killed in a car crash just hours before her baby shower. In other news, a pregnant woman from Allen Park lost her unborn child in a car crash as a result of the injuries in the crash.
Severe car crashes often result in maternal and fetal death, but even in mild crashes, the mother and the baby may acquire serious injuries. The law allows car accident victims to seek compensation from the at-fault party.
But are pregnant women eligible for compensation if they suffered injuries due to the accident? We’ll find that in this guide.
Types Of Pregnancy Injuries That Can Occur Due To A Car Accident
Here’s a quick overview of injuries pregnant women often sustain in case of a collision:
1. Miscarriage
A car accident puts women at risk of miscarriage, which is considered the worst impact. Approximately 3,000 to 5,000 fetuses are lost due to car accidents every year in the U.S. Women who suffer significant blunt trauma are at 40 to 50% risk of losing their unborn child.
Pelvic fracture is one of the most common maternal injuries that lead to fetal death. The rate of fetal mortality among pregnant women who sustained pelvic fractures was 35%.
Vaginal bleeding and pelvic cramps are two tell-tale signs of miscarriage. Note that bleeding during the first trimester is normal. But when it is accompanied by pain after trauma, it could be an indication of a miscarriage.
2. Placental Abruption
Placental abruption is a pregnancy complication that occurs when the placenta separates wholly or partially from the uterus before delivery. The placenta is a temporary organ that attaches to the walls of the uterus. It connects the growing fetus to the uterus and supplies nutrients and oxygen to it.
Car accidents involving a blow to the belly cause the placenta to detach. This injury is common among women who suffer blunt trauma in collisions. But, a recent study reveals that women who suffered minor injuries have experienced placental abruption.
A hard or tender uterus and vaginal bleeding are signs of placental abruption. These signs are often accompanied by preterm labor. This shouldn’t be taken lightly, even when the bleeding is light.
3. Uterine Rupture
Uterine rupture is a rare but serious complication of car accidents during pregnancy that occurs when the muscular wall of the uterus tears. The force of impact exerts pressure on the abdomen, causing this rupture. Once the uterus ruptures, the growing fetus starts losing oxygen. It must be delivered promptly to minimize the risk of permanent injury or death.
Many incidences of uterine rupture in auto accidents are linked to the pressure from the deployed airbag or the seat belt impacting the abdomen of pregnant women. Besides vaginal bleeding, non-stop contractions, and sudden and severe abdominal pain are signs of uterine rupture.
Legal Considerations: Seeking Compensation for Injuries Sustained During Pregnancy Due to a Collision
Pregnant women who experience complications due to collisions are entitled to compensation.
Personal injury laws allow victims to recover damages for the injuries suffered due to the recklessness or carelessness of others. However, states have varied approaches to apportioning fault in negligence cases. Some states in the U.S. follow contributory negligence, whereas others follow comparative negligence.
Contributory negligence bars victims from pursuing a claim if they are partly at fault for the injuries sustained. Only four states follow this rule: Alabama, Maryland, North Carolina, and Virginia. You cannot pursue a personal injury claim if you or your driver were partially at fault for the collision.
Comparative negligence, on the other hand, allows victims to seek compensation even when they are partially at fault. Forty-six states of the U.S. follow comparative negligence. Some follow pure comparative negligence, whereas others follow modified comparative negligence.
Pure comparative negligence allows both drivers to file for personal injury claims even if one of them is 99% responsible for the accident. The settlement amount, however, is reduced by the degree of fault. Alaska, Arizona, California, and Florida are some states that follow this rule. Under this law, you will receive compensation only for the portion you aren’t culpable for.
Modified comparative negligence permits victims to claim compensation only when their fault is below a certain threshold—50% or 51%. Arkansas, Colorado, Georgia, Idaho, and Kansas, to name a few, are states that follow the 50% rule. Connecticut, Delaware, Hawaii, and Illinois are a few states that follow the 50% rule.
Under modified comparative negligence, you can file a personal injury lawsuit only when your fault doesn’t exceed the set threshold.
Case in point—an expectant mother in Atlanta, Georgia, lost her baby after being seriously injured in a crash with an Amazon truck. Had you been involved in such an accident, you would have received compensation for the injuries sustained as well as the wrongful death of your unborn child.
However, only a lawyer can help you understand the compensation you shall receive. That is why Atlanta Personal Injury Law Firm advises car accident victims to consult an attorney to understand how the laws regarding comparative negligence apply to their cases.
Compensation You Can Seek From the At-Fault Party
The compensation available to pregnant women who have experienced complications after a car accident may vary depending on the specific circumstances of the case. However, the type of compensation you might receive are:
- Medical Expenses: The cost of medical treatment for both the mother and the baby, including prenatal care, hospitalization, and any necessary follow-up care
- Lost Wages: If you are unable to work due to your injuries from the accident, you may be entitled to receive compensation for lost wages until you recover
- Pain and Suffering: Compensation may also be awarded for the physical pain and emotional distress caused by the accident and its effects
- Wrongful Death: You may even receive wrongful death damages if you lost your unborn child due to the accident
To sum things up, pregnancy injuries resulting from car accidents can have devastating effects on both the mother as well as her unborn child. Those injuries can take a significant toll on not only physical and emotional health, but also finances.
You need not bear the entire expense all alone. Most states allow you to seek compensation for injuries sustained. Consider filing a personal injury claim to recover damages. But before that, be sure to consult an experienced attorney. A knowledgeable advocate will help you navigate the complexities of the legal process as well as win fair compensation.