What to Do If You’re Involved in a Car Accident While Pregnant

July 24, 2024 @ 10:07 am

Bringing another person into the world is a significant life milestone. However, those 40 weeks of pregnancy don’t exist in a vacuum. The world and all of its realities continue. While riding in or driving a car is just a part of daily life, one survey found that 77 percent of drivers have been in at least one collision. And, according to EMS World, motor vehicle collisions account for more than half of all injuries sustained by pregnant trauma patients.

By nature, car accidents are traumatic events. But for women who are expecting, concerns for an unborn child’s wellbeing can be particularly alarming. To ensure the best possible outcomes for both mother and child, you need to understand that there are legal rights for pregnant women in car accidents and that there are important things you need to do if you’re in a car accident while pregnant.

1. Always, Always Seek Medical Attention

You may think that you escaped unharmed or that the event was merely a minor fender bender. However, if you are pregnant, you still need to call the local authorities to report the event—and you still need to seek immediate medical evaluation and plan a follow-up visit with your obstetrician. Significant injuries may have occurred without you realizing it just yet.

Extreme forces are in play during a car accident, and they can impact your pregnancy’s viability in early stages as well as fetal viability in later stages. According to the American Academy of Family Physicians: Nine out of 10 traumatic injuries during pregnancy are classified as minor. However, of fetal losses associated with trauma, 60% to 70% follow minor injuries.

Understanding the Potential Risks to an Unborn Child. During the first trimester of pregnancy, while the uterus is still relatively small, the pelvic girdle shields it from trauma. By the second trimester, however, the uterus is expanding beyond the pelvis, and protection becomes more dependent on the amniotic fluid surrounding the fetus and the thickness of the uterine walls for shock absorption. By the third trimester, the uterine walls are thinning, and the uterus itself is prominent and exposed. In a car accident, the further along the pregnancy is, the more cause there is for concern.

Obvious symptoms that something may be wrong can range from a headache, neck or back pain, dizziness, nausea or vomiting, or loss of consciousness to abdominal pain, bruising of the chest or belly, urinary issues, or vaginal bleeding or discharge. Extremities like hands and feet or the face may swell. 

While these may seem pronounced symptoms, identifying the actual cause requires immediate competent medical attention. In some cases, time may be extremely limited before the unborn child or mother suffers irreversible harm from the injuries sustained.

• Placental abruption is the most common cause of fetal death from trauma. In placental abruption, the force of the trauma shears the placenta from the uterine wall. While the uterus is considered an elastic organ, the placenta is not. This separation deprives the fetus of oxygen and nutrients and can occur up to 24 hours after trauma.
•  Uterine rupture is extremely dangerous for both the mother and the fetus because the layers of the uterus tear, leaving a hole that can expose the fetus, leave it without oxygen and cause severe blood loss for the mother. Symptoms may not be initially apparent.
• Preterm labor, miscarriage or stillbirth can complicate or end a pregnancy. Preterm labor refers to labor occurring after 20 weeks and before 37 weeks gestation. Miscarriages and stillbirths are both types of fetal loss, with miscarriages occurring at up to 20 weeks gestation and miscarriages occurring after 20 weeks gestation.
• Direct or penetrating fetal trauma—though rare—can be a factor, especially if the mother suffers major trauma. In these cases, the head and neck of the fetus are often most vulnerable.
• Maternal shock is extremely dangerous, and symptoms may be missed due to the many physical changes a pregnant body goes through. During shock or hemorrhage, the mother’s body will divert blood flow away from the uterus to support the mother, potentially placing the fetus in jeopardy.

Always seek out immediate medical attention if you are in a car accident while pregnant. Be sure to alert emergency medical responders to a pregnancy, and be forthcoming about any difficulties you are experiencing so that you receive appropriate care.

2. Gather the Important Details That Support Your Case

Louisiana has certain laws and protections that are relevant to pregnant women involved in car accidents:

• Louisiana requires that any car accident resulting in injury must be reported to the police to ensure that an official record of the incident exists for any subsequent legal or insurance claims.
• Louisiana requires that all drivers carry minimum liability insurance, which can cover medical expenses for injuries sustained in a car accident. This would include prenatal care as well as bodily injury due to the accident.
• Louisiana follows a comparative fault rule for personal injury claims. Pregnant women can seek compensation for both physical injuries and emotional distress caused by the accident as well as compensation for any pregnancy-related complications, medical expenses, and potential long-term care for both mother and child.
• Louisiana law allows for wrongful death claims if a car accident leads to the loss of a fetus or the mother. Parents can seek damages and compensation for the loss of the unborn child, the loss of the mother, and any associated emotional and financial impacts.

While state law provides for these claims, in a personal injury case, the burden of proof lies with the plaintiff, the person injured who is bringing suit.

• You may need to prove that prior to the accident, the pregnancy was both a viable and normal one with the reasonable expectation of a healthy baby.
• You will have to prove that the accident changed that expectation, that some form of damage was done.
• You will have to prove that someone was at fault or is responsible for compensation and damages.

Gathering that proof is both a detailed and comprehensive task. Evidence should include not only full documentation of the accident and everything that follows but also medical records for the mother and unborn fetus prior to the incident. 

Details commonly needed to support a pregnancy-related car accident case typically include police reports and witness accounts, if possible, as well as all records associated with any damages—physical or mental—done to the mother and her unborn child.

3. Get Legal Representation With a Personal Injury Lawyer

Being in a car accident while pregnant can be a physically, mentally and emotionally traumatic event. In an instant, an accident can put the future of an unborn child at risk. It’s an event none of us want to ever face.

However, according to the American Academy of Family Physicians, 2% of pregnant women are involved in a motor vehicle crash during their pregnancy, and motor vehicle crashes account for more than 50% of all trauma during pregnancy—with 82% of fetal deaths occurring during these crashes. Medical care for a pregnant accident victim is complex simply because every step is times two—care for the mother and care for the unborn child. A pregnancy-related personal injury suit shares those same complexities. 

If you find yourself dealing with the fallout of being in a car accident while pregnant, help is available. Just reach out to the experienced personal injury attorneys at Morrow, Morrow, Ryan, Bassett and Haik. You can call us at (800)725-8836 to schedule your free consultation or do it online. We’re here for you and for your child, and will fight for the compensation you both deserve.

Sources

https://www.mmrbhlawoffice.com
https://www.hm-attorneys.com/5-things-to-do-now-if-you-are-in-a-car-accident-while-pregnant/
https://www.sherrodandbernard.com/blog/car-accident-while-pregnant/
https://www.autoserviceworld.com/the-economic-benefits-of-autonomous-transportation/
https://www.hmpgloballearningnetwork.com/site/emsworld/article/10320626/beyond-basics-trauma-during-pregnancy
https://www.aafp.org/pubs/afp/issues/2014/1115/p717.html
https://my.clevelandclinic.org/health/diseases/24480-uterine-rupture
https://legis.la.gov/Legis/Law.aspx?d=965003