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Car Accident Claims for Pregnant Women

No matter the circumstances, getting into a car accident is a frightening and sometimes traumatic experience. This fear can multiply tenfold for pregnant women that are concerned not only for their own health but for the health and wellbeing of their baby.

Our law firm has represented many mothers-to-be injured in car accidents in Maryland and Washington, D.C.  There is typically no serious injury to the mother in most car crashes and the mother’s injuries rarely meaningfully impact the unborn baby.  But there are several of the more severe injuries that pregnant women can suffer from as a result of a car crash. 

What Is the Greatest Fear After a Car Accident While Pregnant?

One of the most dangerous injuries that can occur is called placental abruption. This is a condition in which the placenta partially or completely separates from the uterus before the baby is born, which disrupts the baby’s supply of oxygen and nutrients. According to a study by the American Journal of Epidemiology, placental abruption causes the the mortality rate to increase 12-fold. This spike in the mortality rate is due largely to the correlation between placental abruption and early delivery. A car accident is a significant cause of placental abruptions. At least one study has suggested that broadside car accidents cause the greatest risk of placental abruption.

A placental abruption can lead to internal bleeding, hemorrhaging, premature labor, and miscarriage. What’s even more concerning is that sometimes there aren’t necessarily any noticeable symptoms of placental abruption immediately following the accident. It is potentially fatal to your baby and dangerous to your own health.

The Risk of Uterine Injury

Another injury that pregnant women are more susceptible to during a car crash is uterine injury, due to the fact that a mother’s uterus is enlarged during pregnancy. In the case of uterine rupture, when the uterus tears, both the mother and child are at risk of life-threatening complications such as internal bleeding.

Does a Car Accident Increase the Risk of Miscarriage?

Car accidents increase the risk of miscarriage. A woman’s body is built to protect a fetus – the uterus, placenta, amniotic fluids, and the other structures in the mother’s abdominal cavity are designed to protect from damage. In a serious car accident, the mother is subjected to extreme physical trauma that the baby sometimes can’t withstand.

Injuries to the Just the Baby

In addition to the various injuries that a mother can suffer during an accident, there are also several potential fetal traumas that can occur. Your baby could sustain a head injury from the crash. The baby’s brain jolts forward and back, hitting the front and then the back of the skull. In this case, the injury is similar to shaken baby syndrome, and can cause serious, sometimes fatal brain damage or birth defects. To avoid this, it’s important to wear a seatbelt, since seatbelts have been shown to reduce trauma to both the mother and the baby.

Seat Belt Safety During Pregnancy

A lot of pregnant mothers worry about whether wearing a seat belt could cause harm to their babies in the event of an accident. Experts agree that wearing a seatbelt in the car is the safest option for everyone, including pregnant women. They are the most effective means of saving lives and lowering the risk of injury in the event of an accident. Still, there are several safety tips for pregnant women regarding seatbelts that can further minimize their chances of injury.

  • The lap and shoulder belt combination is the safest type of seatbelt to use
  •  Place the lap belt below your belly so it is low and snug on your hip bones, touching your thighs
  • Do not wear your seatbelt above or across your belly
  • Wear your shoulder belt so it fits snugly across the center of your shoulders and chest
  • Never wear the shoulder belt under your arm or behind your back
  • If you are the driver, keep your belly a safe distance from the airbag (breast bone 10 inches from the dashboard or steering wheel)

Do I Need to Seek Medical Attention?

It should go without saying that it is important to seek out medical care following an accident to make sure that there are no internal injuries that go unnoticed, and this is even more so if you are pregnant.

As previously mentioned these injuries are a worst-case scenario when you’ve been in an accident, and there’s no universal answer to whether you should go to the ER or wait to see your primary care physician because the circumstances of each accident are unique. You may have just been in a fender-bender that caused no serious injuries.

But if you are pregnant it is important to remember that even if you feel like you don’t have any injuries, your unborn baby may have been hurt. At the very least, the doctor can perform a quick checkup on the baby to relieve any anxieties you may have for their wellbeing. You should immediately go to the ER if you show any of these symptoms:

  • Contractions
  • Vaginal bleeding
  • Severe abdominal pain
  • Physical trauma directly to the abdomen during the crash

If the car accident was minor enough and there was no serious impact to your abdomen, it would probably be fine to wait and make an appointment to be seen by your regular physician. Still, in the time it takes to schedule a checkup you should remain vigilant for later symptoms of injury. In general, symptoms of trauma to the fetus will include:

  • Severe abdominal pain
  • Urgent, painful urination
  • Excessive vaginal bleeding
  • Dizziness, or loss of consciousness
  • Swelling in the mother’s face or fingers
  • Chills or fever
  • Severe headaches
  • A shift in the baby’s movement or placement

Medical Expenses Following Your Accident…

Both you and your child face a great risk of injury when you are involved in a serious car accident. As a pregnant woman, you will probably have far more medical expenses than other car accident victims and will most likely have to go through many hours of fetal monitoring to make sure that the baby is uninjured. There will also have to be more medical appointments with an obstetrician or other specialists to check on her baby’s health and safety in the long term.

Additionally, if the baby is born prematurely because of injuries sustained from a car accident, they may require emergency surgery or an extended stay in the ICU, which can be a crippling expense. Due to birth injuries, your baby may need to be seen by various specialists. Over the years, developmental issues stemming from brain injuries require various therapies – speech, occupational, and physical.

With so many extra medical appointments on top of the mental and emotional strain caused by an accident, it is extremely important to be properly compensated while trying to process the trauma of being in an accident while pregnant. If your child has suffered from birth injuries due to a serious car accident, the at-fault driver could be legally obligated to pay for your medical bills in addition to compensation for pain and suffering.

Sample Settlement and Verdicts Involving Pregnant Women

Below are sample cases involving pregnant women who were injured in a car accidents.  I have handled a lot of these cases and I do believe that being pregnant increases the settlement value of the case even in there is no harm done to the baby. Why?  Everyone understands that the trauma of a car accident is greater when you are fearing for your unborn child even if you ultimately learn that the child suffered no injuries.

  • 2019, Washington: $3,850,000 Settlement. A 36-year-old pregnant woman and her unborn child died after her fiancé’s vehicle struck a Genie lift that came off a flatbed trailer. Before the collision, the dump truck towing the trailer entered a right-hand curve. This caused the Genie lift to shift, which resulted in the trailer to overturn and dump the Genie lift onto the oncoming lane. The woman and her unborn died on impact. Her fiancé and six-year-old daughter suffered undisclosed catastrophic injuries. The deceased woman’s estate sued the dump truck driver and his employer. They alleged that the truck driver and his son improperly secured the Genie lift. The case settled for $3,850,000, in which the fiancé received half of the settlement while the estate and surviving daughter received the other half.
  • 2019, Alabama: $25,000 Settlement. A baby was born via an emergency C-section after an uninsured driver struck his parents’ vehicle. The parents sought UIM benefits from their UIM insurer Geico. There was little information regarding the sustained injuries in this case. The case settled for $25,000. This consisted of $1,989 in medical expenses and $23,011 to the parents for the boy’s health, education, and welfare.
  • 2019, Virginia: $35,000 Verdict. A 20-year-old pregnant woman suffered premature contractions after being a passenger in a T-boned vehicle. She also suffered soft-tissue neck injuries. The woman was rushed to the emergency room, where the staff administered an injection to stop the contractions. They also placed her on a fetal monitor. She was hospitalized overnight before being discharged to her home. The woman remained bedridden for six weeks. She gave birth to healthy twins at the end of those six weeks. She sued the driver, alleging that the collision caused her early contractions. The Virginia Beach jury awarded her $35,000.
  • 2019, Pennsylvania: $3,517 Verdict. A 26-year-old pregnant pedestrian was struck by a vehicle as she was walking in a parking lot. Despite sustaining a soft-tissue back injury, her pregnancy was undisturbed. She underwent 18 physical therapy sessions, which lasted about three months. The woman claimed that her back pain affected her ability to care for her newborn. She sought damages for past pain and suffering. The Philadelphia jury determined that her damages totaled $3,517.
  • 2019, Washington: $125,000 Settlement. A 33-year-old registered nurse was rear-ended as she traveled on I-5. She was eight months pregnant at the time. The woman suffered emotional distress, fearing that the state of her unborn child. However, the child was born full-term and with no injuries. The case settled for $125,000. This included $20,643 in medical expenses and $4,101 in lost wages.
  • 2018, Texas: $5,752 Verdict. A 30-year-old ultrasound technician was rear-ended as she was stopped at a red light. At the time of the accident, she was three months pregnant. She suffered emotional distress over her unborn child’s health. The woman underwent two ultrasounds, which showed nothing abnormal. She also saw an orthopedic surgeon who diagnosed her for a possible scaphoid fracture. For six weeks, she wore a wrist brace and sought no other treatment. The Harris County jury awarded $5752 in damages.

Does the Settlement Value of Car Accident Claim Increase Because the Victim Is Pregnant Even If the Child Is Unharmed?

All things being equal, the settlement value of a case involving a pregnant woman should be higher even when the unborn child is unharmed. Why? There is invariably trauma and stress that comes with the fear of your child may have suffered an injury. I would argue, and most anyone who is a parent would agree, that even irrational fear is perfectly normal and expected when you are pregnant.