Protect Your Rights After Car Accident While Pregnant – Free Legal Consultation
You Don’t Have to Go Through This Alone. Call The Adley Law Firm Today
Car accidents are frightening under any circumstances, but a car accident during pregnancy can be especially traumatic. Expectant mothers not only face potential injuries themselves, but also overwhelming fear for their unborn baby. Unfortunately, such accidents are not rare – about 200,000 pregnant women are involved in police-reported crashes each year in the U.S., and it’s estimated that between 1,500 and 5,000 fetal losses occur annually as a result of pregnant women being in car accidents. In fact, car accidents are the single largest cause of traumatic fetal injury and death in the United States}. If you or a loved one were in a car accident while pregnant in Texas, you may feel scared, upset, and unsure of what steps to take. The Adley Law Firm is here to help. Our compassionate Texas personal injury attorneys have experience with car accident pregnancy cases and can fight for the compensation you deserve while you focus on your health and your baby. Call us today for a free consultation (we’re available 24/7 and serve all of Texas) so we can begin helping you through this difficult time.
Read More:
- Car Accident While Pregnant Average Settlements
- Steps to Take After a Car Accident While Pregnant
- Common Injuries of Car Accidents While Pregnant
- Legal Rights and Filing a Claim in Texas
- Frequently Asked Questions (FAQs)
- Contact The Adley Law Firm
Car Accident While Pregnant Compensation & Settlements
One of the most common questions parents have after a car accident during pregnancy is how to pursue justice and compensation to cover medical bills and other losses. While every case is different, settlement values can vary significantly based on several key factors, including the severity of injuries to the mother or fetus, pregnancy complications, medical expenses, pain and suffering, liability, and available insurance coverage.
Minor accidents where both the mother and baby are ultimately unharmed, perhaps requiring only a precautionary checkup, may result in relatively modest settlements, often $15,000 or less. However, if the crash causes serious injury, premature birth, miscarriage, or stillbirth, the value of the claim can rise dramatically. In the most severe cases involving permanent harm or the loss of a pregnancy, settlements may range from $100,000 to several million dollars. Factors such as drunk driving, high-speed impact, or other forms of reckless behavior can also increase the potential payout, especially if punitive damages apply.
An accident during pregnancy introduces unique damages, such as emotional anguish, medical monitoring, or the grief of a pregnancy loss, that must be fully considered when negotiating a settlement. That’s why it’s crucial to work with an experienced Texas car accident attorney. At Adley Law Firm, we understand the profound impact these cases have on families and will fight to secure the full compensation you deserve.
Steps to Take After a Car Accident While Pregnant
In the aftermath of a car accident, especially if you are pregnant, it’s crucial to take the right steps to protect your health and your legal rights. Here is a step-by-step guide on what to do:
- Call 911 immediately and alert first responders that you are pregnant: Your top priority is safety and medical care. Dial 911 right away to report the accident and request an ambulance if needed. When emergency personnel arrive, make sure to inform them that you are pregnant, so they can properly evaluate your condition and that of your unborn baby. Even if the crash seems minor, having medical professionals on scene is important during pregnancy.
- Prioritize medical evaluation for you and your baby: Accept medical attention at the scene. If paramedics suggest going to the hospital, do so. Internal injuries or pregnancy complications aren’t always obvious immediately (adrenaline can mask symptoms). It’s wise to get checked out with an ultrasound or fetal monitoring to ensure the baby is okay. Remember, you could feel “fine” right after the crash but still have unseen injuries. When in doubt, it’s better to be safe, let a doctor confirm your baby’s well-being.
- Move to a safe area and stay calm (if you are able): If you are not badly injured and can move, get yourself out of further danger. Move your vehicle out of traffic (or at least turn on hazard lights) and find a safe spot to wait for help. Try to remain as calm as possible and take deep breaths. High stress can affect you and the baby, so while it’s easier said than done, focusing on staying calm until help arrives is beneficial.
- Document the accident scene (or have someone help): If your condition allows, gather the usual information from the accident scene. This includes exchanging contact and insurance information with the other driver(s), and getting names and phone numbers of any witnesses. Take photos of the vehicles, damage, skid marks, and the overall scene. If you are too injured or shaken up, ask a companion or an officer to help gather information. Having a police report is also very important. In Texas, police should be called to any crash involving injuries. The police report will be an official record of the accident.
- Watch for any signs of injury or complications: Pay attention to your body and any pregnancy-related symptoms in the hours and days following the accident. Warning signs such as abdominal pain, cramps, vaginal bleeding, leaking fluid, dizziness, or decreased fetal movements could indicate a serious issue like placental abruption or internal injury. If you experience **any** concerning symptoms after the crash, seek medical care immediately. Do not hesitate to go back to the ER or call your doctor if something feels wrong.
- Follow up with your OB/GYN: Even if the ER or first doctor cleared you, it’s important to follow up with your obstetrician after a car accident. They may perform additional ultrasounds, fetal heart rate monitoring, or other tests to double-check that the baby is truly unharmed. They can also advise you on monitoring the pregnancy moving forward. Sometimes, doctors will have you keep track of the baby’s kick counts or come in for extra visits. Follow all medical advice and keep all documentation.
- Notify your insurance company (with caution): Texas law usually requires you to report an accident to your own auto insurance in a timely manner. Contact your insurance carrier to inform them of the basics (when and where the accident happened, who was involved). Stick to the facts and do not admit fault. You do not need to give a detailed statement about injuries or pregnancy complications until you’ve spoken with your lawyer – it’s okay to tell the insurer you are seeking medical treatment and will provide more information later. Remember that anything you say to an insurance adjuster could be used to minimize or deny your claim, so it’s best to get legal advice first if you’re unsure.
- Consult a personal injury attorney: When you’ve been in a car accident while pregnant, it’s highly advisable to talk to an experienced attorney as soon as possible. A lawyer can guide you on your rights, deal with the insurance companies, and help secure evidence (such as accident reports, surveillance videos, witness statements, medical records) while it’s fresh. Importantly, a Texas car accident attorney will understand the unique aspects of a pregnancy-related claim – from ensuring you are compensated for all medical care (for both you and baby) to pursuing claims for the unborn baby’s injuries or wrongful death if applicable. Before giving any recorded statements or signing anything from an insurance company, get legal advice. Adley Law Firm offers free consultations and can advise you on the next steps with no obligation.
Common Injuries of Car Accidents While Pregnant
Auto accidents during pregnancy can lead to a range of complications for both the mother and the fetus, and the potential injuries vary depending on how far along the pregnancy is. The stage of pregnancy affects which parts of the body are most vulnerable and how trauma may impact the pregnancy. In the first trimester, the uterus is still deep within the pelvis, which offers some physical protection in minor crashes. However, a serious impact can still cause internal injuries or disrupt early fetal development, and there is a risk of miscarriage, especially in high-force collisions. By the second trimester (weeks 13–26), the uterus grows beyond the pelvic bones and becomes more exposed to blunt force trauma. This increases the potential for placental complications, abdominal injury, or uterine rupture in severe crashes. Additionally, some studies suggest that pregnant women may be more likely to be involved in serious crashes during this period due to fatigue or physical changes. In the third trimester (weeks 27 to birth), the fetus is larger and the uterus is highly exposed, making it more susceptible to placental abruption, preterm labor, fetal distress, or direct injury to the baby during a collision. Trauma at this stage can also increase the likelihood of needing an emergency delivery or hospitalization for monitoring.
No matter the stage of pregnancy, any car accident should be treated seriously. Medical evaluation is essential to check for internal injuries, monitor the baby, and prevent delayed complications.
Below are some of the most common injuries and complications that may result from a car accident during pregnancy:
- Placental Abruption: This is one of the most frequent serious pregnancy injuries from car crashes. Placental abruption occurs when the placenta (the organ that supplies oxygen and nutrients to the fetus) partially or completely detaches from the uterine wall due to trauma. The sudden jolt of a collision can jerk the womb enough to tear the placenta, even a low-impact accident causes placental abruption in about 5% of cases, while high-impact crashes have a 30–50% risk. Placental abruption is an emergency: it can lead to heavy internal bleeding and cuts off the baby’s oxygen supply, putting the fetus in extreme danger. It often requires immediate delivery (emergency C-section) to save the baby. Sadly, if the abruption is severe, it can cause miscarriage or stillbirth.
- Uterine Rupture: In very high-force impacts, the uterine wall itself can tear – this is called uterine rupture. It’s a rare injury, but when it happens it’s one of the most life-threatening emergencies for both mother and baby. Uterine rupture often results in the fetus being partially or fully expelled into the mother’s abdomen, cutting off oxygen and causing massive internal bleeding. It has a high fetal mortality rate. Car accidents seldom cause uterine rupture unless the crash is severe (more common if the mother had a prior C-section scar, or if she wasn’t wearing a seatbelt and hit the steering wheel or if the airbag/seatbelt exerted extreme pressure). Any suspected uterine rupture requires immediate surgery and delivery of the baby.
- Maternal Shock (Internal Bleeding): Trauma can cause the pregnant mother to suffer internal injuries such as organ damage or severe bleeding. If the mother loses a lot of blood (for instance, from internal bleeding or injuries), she can go into hypovolemic shock, a condition where the blood pressure drops and organs don’t get enough blood. Maternal shock is extremely dangerous for the baby; estimates suggest that when a pregnant mother goes into significant shock. Essentially, if the mother’s body is fighting to keep her alive due to blood loss, the baby’s oxygen and blood supply can fall to fatal levels. This is why prompt medical treatment of the mother’s injuries is also vital for the baby’s survival.
- Direct Fetal Trauma: In some accidents, the fetus itself can be injured from the physical forces of the crash. The mother’s body (and the amniotic fluid) usually provides a lot of protection, so direct fetal injury is reported in less than 10% of crashes. Still, it can occur, especially in more severe collisions. For example, the baby could suffer a head injury if the impact is strong enough that the uterus strikes the seatbelt, steering wheel, or if an object intrudes into the womb area. There have been cases of fetal skull fractures or brain trauma caused by the blunt force of the seatbelt or airbag on the mother’s abdomen. Unfortunately, direct trauma can result in permanent injury or fetal death in severe scenarios. This is one reason why wearing your seatbelt properly is critical – to minimize uncontrolled movement (see below).
- Preterm Labor and Premature Birth: The stress or physical impact of a crash can sometimes trigger premature contractions. Pregnant women have reported going into labor early after an accident, even if they weren’t otherwise ready to deliver. Preterm labor (labor starting before 37 weeks) can often be stopped with medical intervention (such as medication or bed rest), but not always. If a car accident causes a premature birth, the baby might be born with complications related to prematurity – such as breathing difficulties or developmental challenges}. In one case, a woman began having contractions after a collision and had to be hospitalized on a high-risk pregnancy protocol. Thanks to prompt medical care, her labor was delayed and she later delivered healthy babies, but it illustrates the risk. Any sign of contractions or uterine cramping after a crash needs immediate medical attention to prevent early birth.
- Fetal Distress: Trauma and stress from the accident can put the fetus in distress even if no immediate physical injury is apparent. Fetal distress means the baby’s heart rate or activity indicates it’s struggling – for example, an abnormally fast or slow heart rate can signal that the baby isn’t getting enough oxygen}. Car accidents can cause fetal distress due to factors like a jolt in placental blood flow, maternal stress hormones, or slight abruption. If you’re in an accident, doctors may put you on a fetal heart monitor for several hours to watch for any signs of distress. Fetal distress is treatable (sometimes with oxygen for the mother, IV fluids, or emergency delivery if severe), but it’s crucial to detect it by monitoring after a crash.
- Miscarriage / Pregnancy Loss: Sadly, one of the most catastrophic outcomes of a car accident while pregnant is the loss of the pregnancy. A miscarriage (or stillbirth, if later in pregnancy) can occur due to the injuries listed above – commonly from a major placental abruption, uterine rupture, or severe trauma causing the fetus to not survive. The risk of miscarriage from a car accident depends on the severity of the crash. Minor accidents are unlikely to cause a miscarriage, but it is possible in a small percentage of cases. In high-impact crashes, the risk is much higher. Medical studies indicate that thousands of fetal losses happen each year from car accidents. If a pregnant mother is seriously hurt or unconscious, the chances of the baby surviving are unfortunately very low. This is why seatbelts and airbags, despite their potential to cause some injury, are still so important – they greatly increase the mother’s chance of survival, which in turn increases the baby’s chances. (Note: If a miscarriage or fetal death does occur, parents may have legal recourse to seek compensation for that loss; see the legal section below on wrongful death claims for an unborn child.)
These are some of the most common direct injuries, but a car accident can affect an unborn baby in other indirect ways as well. For example, the mother’s recovery and stress levels can influence the pregnancy. High stress or PTSD after an accident can potentially contribute to complications like high blood pressure or even preterm labor. It’s important for expecting mothers to take care of their emotional well-being after an accident, in addition to the physical injuries. Counseling or support groups may be helpful.
Legal Rights and Filing a Claim in Texas
A car accident while pregnant doesn’t just bring medical concerns – it also raises important legal questions. You have the right to seek compensation for your injuries and any harm to your unborn child. Here are the key legal points to understand for accidents in Texas:
- Fault and Liability: Texas is an at-fault state for car accidents. This means the driver who caused the accident (and their insurance company) is responsible for the damages. If another driver’s negligence caused the crash that injured you, you can file a claim against that driver for your losses. These losses include your medical bills (for both you and your baby’s medical care), lost income if you missed work, pain and suffering, emotional distress, and other damages like the cost of baby supplies if you had an early delivery, etc. It’s important to gather evidence of what happened (police report, witness statements, etc.) to prove the other driver’s liability. Texas follows a “modified comparative negligence” rule: you can still recover damages as long as you were not 51% or more at fault for the accident. If, for example, the other driver was 100% at fault, their insurance should pay for all your damages. If you were partly at fault (let’s say 20% your fault, 80% the other driver), any compensation you receive could be reduced by your percentage of fault (in that example, reduced by 20%). An attorney can help protect you from unfair blame.
- Compensation for the Unborn Baby’s Injuries: If the baby was injured in utero or there are any lasting effects, those can be part of your claim. For instance, if the baby had to spend time in the NICU after an emergency premature birth, or if there are known health issues because of the accident, those costs and the child’s pain and suffering should be accounted for. In Texas, the unborn baby is not a separate legal “person” for purposes of an injury claim until born; typically, the mother (and father) would claim the baby’s injuries as part of their own damages (or on behalf of the baby after birth). This can get legally complex, but rest assured that the law does provide a way to recover compensation for harm to your child, whether the child is born or unborn at the time of the injury.
- Wrongful Death of an Unborn Child: Texas law explicitly allows parents to file a wrongful death claim if an unborn child is killed due to negligence. Texas’s wrongful death statute defines an “individual” to include an unborn child at any stage of gestation. This means if a car accident causes a miscarriage or stillbirth, the parents can pursue a wrongful death lawsuit for the loss of their baby. (The only exceptions are that you generally cannot sue the mother herself, nor can you bring a wrongful death claim for an unborn child against a doctor for medical malpractice, but in a car accident context, those exceptions don’t apply. You can sue the negligent driver or other responsible parties for the loss of your pregnancy.) A wrongful death claim for an unborn child in Texas can seek damages for the parents’ mental anguish, loss of companionship, and other harms from losing the baby. While no amount of money can make up for such a loss, this legal avenue exists to hold the wrongdoer accountable and provide some measure of justice.
- Statute of Limitations: In Texas, there is a limited time window to file a lawsuit after a car accident. Generally, you have two years from the date of the accident to file a personal injury lawsuit. If the case involves a wrongful death of an unborn child, the clock may also be two years from the date of the fetus’s death. It’s critical to act within this period. If you wait too long and the statute of limitations passes, you will likely lose your right to pursue compensation in court. This is one reason it’s wise to consult an attorney sooner rather than later – they will make sure all filings happen on time. (There are some very limited exceptions that could extend the time, such as if the mother is mentally or physically incapacitated, but don’t rely on those; it’s best to assume the two-year deadline applies.)
- Documentation and Evidence: To support your claim, you’ll need documentation of everything related to the accident and your pregnancy. This includes medical records (ER visits, OB/GYN notes, ultrasound results, any diagnoses like placental abruption or preterm labor), bills and receipts for all medical treatment, proof of any time you had to take off work, and notes on how the accident impacted you emotionally (for example, journal entries about your anxiety, or counseling records if you sought therapy). An attorney can help gather additional evidence such as traffic camera footage, 911 call recordings, and expert opinions (for example, from an obstetrician explaining how the crash likely caused your complications). The more evidence showing the accident’s impact on you and your baby, the stronger your case for full compensation.
- Insurance Challenges: Dealing with insurance companies in pregnancy injury cases can be tricky. The at-fault driver’s insurance might contest claims of fetal injury (sadly, some may argue that a miscarriage was “coincidental” or due to other natural causes, especially if it was early in pregnancy). They may also try to minimize emotional distress damages. Expect that the insurance company will look out for their bottom line – which is why having a lawyer present your case is very important. Your attorney can counter these tactics by presenting solid medical evidence linking the accident to the harm. In Texas, if the insurance company doesn’t offer a fair settlement, you have the right to take the case to court. Juries are often sympathetic to pregnant mothers, and a well-documented case can result in a substantial verdict. The threat of a lawsuit (and a potential jury verdict) can also motivate insurers to offer a fair settlement.
Frequently Asked Questions (FAQs)
Can a car accident affect an unborn baby?
Yes. A car accident can absolutely affect an unborn baby. In fact, trauma from car crashes is one of the leading causes of fetal injury and pregnancy loss in the United States. Even if the mother doesn’t have obvious injuries, the forces in a collision (or the stress response in the mother’s body) can harm the fetus. Possible effects on the unborn baby include everything from temporary fetal distress (an abnormal heart rate due to stress) to severe outcomes like placental abruption, internal injuries to the baby, preterm labor, or miscarriage. The extent of the effect depends on the severity of the crash and what kind of injury occurs. Sometimes, thankfully, babies are unharmed – especially in minor accidents – but many times the baby can be injured without the mother immediately knowing. That’s why any pregnant woman in a car accident should get medical evaluation right away. Prompt ultrasound and monitoring can detect issues such as bleeding or distress. In summary, car accidents pose a serious risk to unborn babies, which is why expecting mothers should always seek medical care after any crash, even a fender bender.
Can a car accident while pregnant cause brain damage to the fetus?
Yes, it can. One way this can happen is through oxygen deprivation. If the accident causes something like a placental abruption or maternal shock where the baby’s oxygen supply is reduced, the lack of oxygen can lead to brain damage or developmental delays. Another way is direct trauma to the baby’s head. During a violent collision, the baby’s brain can be jolted back and forth inside the womb. In fact, the baby’s brain can hit the inside of the skull, similar to what happens in shaken baby syndrome. This kind of violent motion can cause bleeding or injury in the fetal brain. While the amniotic fluid and womb do offer some protection, they can’t prevent all harm in a high-impact crash. There have been cases where babies suffered brain injuries in utero from car accidents – sometimes resulting in lifelong neurological impairments. It’s one of the biggest concerns if a mother experiences a significant trauma. If there’s any indication the baby might have been affected (for example, abnormal ultrasound findings or the baby isn’t moving normally after the crash), doctors may do further tests like MRIs after the baby is born. The bottom line: yes, brain damage to a fetus is possible in a car accident, which is why preventing injuries (wearing seatbelts, etc.) and getting immediate medical care is so crucial.
How do I know if my baby is ok after a car accident?
Right after a car accident, you may not know if your baby is okay, so getting medical attention is essential. Doctors will likely do an ultrasound and monitor the baby’s heart rate to check for any signs of distress. You may also need follow-up visits, as some issues don’t show up right away. Pay close attention to the baby’s movement in the days after the crash, reduced movement, cramping, or bleeding should be checked immediately. Trust your instincts, and when in doubt, seek care. Medical monitoring, along with normal kick counts and no concerning symptoms, are the best signs your baby is okay.
What is the average settlement for a car accident while pregnant?
There’s no one-size-fits-all settlement amount for car accidents during pregnancy, as outcomes vary widely based on the severity of injuries and circumstances. Generally, settlements are higher than in non-pregnancy cases due to added emotional and medical factors. Minor incidents may settle for a few thousand to tens of thousands of dollars, while severe cases, such as those involving miscarriage or birth injuries, can result in six- or seven-figure payouts.
Can a baby get shaken baby syndrome from a car crash?
Not literally in the diagnostic sense, but the mechanism of injury is similar. “Shaken baby syndrome” usually refers to infants who suffer brain injury from being violently shaken after birth. In a car crash, an unborn baby or even a newborn can experience a comparable whiplash effect. The sudden stop and impact in a crash can make the baby’s head snap back and forth. Inside the womb, the baby’s brain can be sloshed within the amniotic fluid and skull, which may cause brain bleeding or swelling. Experts have noted that in a serious collision, a fetus’s brain may jolt against the skull – essentially an in-utero form of shaken baby-type injury}. This can result in severe or even fatal brain damage to the baby. However, we typically don’t use the term “shaken baby syndrome” for an unborn child; that term is usually for external force after birth. For an unborn baby, it would just be termed traumatic brain injury due to the accident. The key point is that yes, a violent crash can cause similar brain trauma to a baby as what happens in shaken baby cases. The risk is one more reason why expecting mothers should always wear seatbelts, as proper restraint can reduce (though not eliminate) the jarring forces on the baby. If there’s concern about this kind of injury, doctors might do imaging after birth to check the baby’s brain. Fortunately, such severe outcomes are not common in everyday minor accidents, but they are possible in high-impact crashes.
Can a car accident cause a miscarriage during pregnancy?
Yes, a car accident can cause a miscarriage, especially in high-impact crashes. The most common cause is placental abruption, where the placenta tears from the uterus, cutting off the baby’s oxygen. Even minor accidents carry a small risk. The risk increases with more severe trauma, especially if the mother is injured or the abdomen takes a direct hit. Immediate medical attention is crucial, as doctors may be able to prevent pregnancy loss if complications are caught early. If a miscarriage does occur due to a crash, parents in Texas may have the right to pursue a wrongful death claim.
Can an airbag or seatbelt harm an unborn baby?
Airbags and seatbelts can potentially cause injury to a fetus, but they are essential for protecting both mother and baby in a crash. Airbags deploy with force and may injure the abdomen if the driver is too close, but they also prevent more serious trauma from hitting the dashboard. Seatbelts can cause bruising or internal injury if worn incorrectly, but not wearing one is far more dangerous. The safest approach is to wear the seatbelt properly, lap belt low under the belly, shoulder strap between the breasts, and maintain distance from the steering wheel. Despite minor risks, these safety features greatly reduce the chances of severe injury or death, and any injuries they cause are still part of the accident claim.
Contact The Adley Law Firm
Being involved in a car accident while pregnant is a frightening and emotional experience. You don’t have to go through it alone. The Adley Law Firm is based in Houston, Texas, and proudly serves clients across the entire state of Texas. We understand what you’re going through and are here to help shoulder the burden. Our team offers free consultations to evaluate your case and answer your questions – it costs nothing to speak with us about your accident. And if you choose us to represent you, we work on a contingency fee basis, which means you pay nothing upfront and no fees at all unless we win your case. This way, you can get top legal representation without any added financial stress. We also have bilingual staff (English and Spanish), so we can assist you in whichever language you’re more comfortable with.
Why choose Adley Law Firm? Our attorneys have extensive experience with personal injury cases, including sensitive cases involving pregnancies and children. We will fight for the maximum compensation you are entitled to, whether through a negotiated settlement or taking your case to court. We treat our clients with compassion and dedication – as a family-oriented firm, we truly care about protecting Texas families. When you hire Adley Law Firm, we handle all the legal heavy lifting: investigating the accident, dealing with insurance adjusters, consulting medical experts, and building a powerful case to support your claim. You can focus on your recovery and your family, while we focus on getting you justice.
If you or a loved one were injured in a car accident while pregnant in Texas, contact The Adley Law Firm today for a free, no-obligation consultation. We are available 24/7 by phone or through our website. Time is of the essence, both for your health and your legal rights, so don’t delay. Let our compassionate and experienced legal team help you navigate this difficult time and pursue the compensation you need to move forward. Your family’s well-being is our priority, and we are here to advocate for you every step of the way.