If you’re in an accident during your pregnancy, call 911 immediately and seek emergency medical care. Even minor accidents can have effects on unborn children. You should still call your healthcare provider even if you don’t think you suffered serious injuries. They can assess your condition, check on your baby, and advise you on what to do next.
While there are health risks if you’re involved in a car accident at any point in your pregnancy, those risks are somewhat less pronounced in the early stages. During the first trimester (the first 12 weeks or so of the pregnancy), traveling in a car is generally safer than when you’re further along. If you are involved in a car crash in the first trimester, the fetus has greater protection from the effects of a crash and is less susceptible to sudden stops and jolts. During the second trimester (the next 12 weeks of the pregnancy), the fetus is still fairly well protected from the effects of a crash, but you could sustain greater injuries yourself. If these injuries are severe enough, they could end up having an impact on your unborn child. While the dangers from a car accident are reduced in the first and second trimesters, any car accident when you’re pregnant could raise serious health concerns. If you’re involved in a crash, you should get to the ER as soon as possible and see your obstetrician.
Whether your unborn baby is hurt depends not only on the phase of your pregnancy, but also on the severity of the accident. Unsurprisingly, severe car accidents are more likely to cause injuries than minor collisions. Some of the possible health complications from being involved in a car accident while pregnant include:
If you’re involved in a car accident while you’re pregnant, here are a few warning signs to watch out for:
Any of these symptoms could be a sign of serious underlying injuries to you, your child, or both. Seek emergency medical treatment right away and call your obstetrician if you experience any of these symptoms.
Most women are not able to stop driving during their pregnancy. Driving for work, for school, for family, or for other reasons is often a practical necessity. If you need to travel in a car while you’re pregnant, especially in the later stages of pregnancy, here are a few safety tips to keep in mind:
Yes, absolutely. Your seat belt will help to keep you and your baby safe. Some people wonder whether the seat belt can hurt an unborn baby, but when a pregnant woman wears a seat belt correctly, the risks of the seat belt harming the baby are minimal. A far greater risk to the safety of the unborn baby and expectant mother would be getting thrown around the inside of the car during the accident. If the mother is not belted, then in a severe collision, she could be thrown forward into the steering wheel, thrown sideways into the passenger seat, or even ejected from the vehicle in a rollover. Those risks are much greater than any risk created by the seat belt itself. As shown in the diagrams below, a pregnant mother should wear the lap part of the belt low across her pelvis, across what doctors call the “iliac crest.” The shoulder part of the belt should be worn normally, across the chest and typically between the breasts.
No. The airbag is designed to work with your seat belt to keep you safe and secure in the event of a car accident. The biggest risk to an unborn baby (or an expectant mother) in a car accident is a forceful impact with something inside the car. Airbags help to prevent that. For example, if a mother’s abdomen is thrown against the steering wheel or against the side of the car during a collision, there is a chance that the baby could be hurt. Airbags help to cushion that impact, and help to keep everyone safe. Although airbags can cause minor discomfort after a collision, like burn marks or small abrasions, those issues are slight. The bigger issues that airbags prevent, like hard impacts with surfaces inside the car, would be much more dangerous to mother and child. So although airbags alone won’t keep a mother or baby safe, airbags work with the car’s seat belt system to minimize the chance of injuries in an accident.
If you are involved in a crash while you’re pregnant, here are the steps you should take to give yourself the best chance of recovering compensation:
If a car accident causes injuries to an unborn baby, the at-fault driver, their insurance company, or whoever caused the injury can be held accountable for those injuries. If a child is born with birth defects caused by an accident, then after the child has been born, a claim for those injuries can be made. The Supreme Court of Georgia has addressed this issue several times. In 1995 in a case called Peters v. Hospital Authority of Elbert County, the Court wrote that “[s]ince 1951, Georgia law has recognized that a child born after sustaining a tortious prenatal injury may bring anaction to recover damages for the injury sustained.” 265 Ga. 487, 487-88. That means that, for example, if a car accident broke the arm of an unborn child, then when the child is born, a claim can be brought on the child’s behalf by the parents. The parents could collect, on behalf of the child, for past medical bills, future medical bills, the temporary loss of the use of the arm, and other components of damages. After the child is born, the parents may collect on the child’s behalf for the pain and suffering that the baby experienced in the womb. The federal trial court in Atlanta addressed this issue in a case called Durden v. Newton County and determined that “[t]o recover for prenatal pain and suffering, the child must be born alive.” No. 1:14-CV-01163, 2015 WL 71446, at *3-4 (N.D. Ga. Jan. 5, 2015).
Sometimes the worst happens and an unborn baby is lost because of a car accident. In that circumstance, the parents can bring a wrongful death claim under Georgia law if the pregnancy was far enough along at the time of the collision. Georgia law recognizes a point in the pregnancy called the “quickening,” which generally refers to the time when the unborn baby is capable of moving around in the womb such that the mother, or another person placing their hand on her abdomen, can feel the movement. The Georgia Court of Appeals described it by saying that “the concept of quickening necessarily contemplates proof of the kind of movement that a mother potentially could feel, such as the movement of an arm or a leg.” Citron v. Ghaffari, 246 Ga. App. 826, 827-28 (2000). The quickening might occur at different points in different pregnancies, but it typically occurs “around the sixteenth week and at times as early as the tenth week of pregnancy,” according to the Georgia Supreme Court in a case called Kempson v. State. 278 Ga. 285, 286 (2004). If a miscarriage occurs and an unborn baby is lost after the “quickening,” then in Georgia, the parents can bring a wrongful death claim arising from the death of the fetus. The compensation available in a wrongful death claim is “the full value of the life” that was lost, measured from the point of view of the person who died. Those can be big numbers – and appropriately so, since life is precious and irreplaceable.
Here are a few of the things you could be compensated for if you’re involved in a car accident while pregnant:
Still, have questions about your rights after being involved in a car crash while pregnant? We’re here to help. Contact Butler Kahn for a free case review. We’ll discuss your legal rights and options and explain how we can help you seek the compensation you deserve.