Why Pregnancy Complicates Car Accident Claims

Pregnancy adds a layer of medical and legal complexity to an already difficult situation. Even low-speed crashes can put the mother and fetus at risk for injuries that aren’t immediately visible. That’s why it’s critical to seek medical attention immediately and consult with a personal injury lawyer who understands the unique issues involved in these cases.

The force of a car crash can cause physical trauma, even when the mother seems outwardly uninjured. Some of the most common complications from car accidents during pregnancy include:

1. Placental Abruption

This occurs when the placenta detaches from the uterine wall, cutting off oxygen and nutrients to the fetus. It is a medical emergency and one of the leading causes of fetal loss in car accidents.

2. Preterm Labor

The trauma from a crash can trigger early labor, which may require hospitalization or lead to premature birth, increasing risks for the baby.

3. Miscarriage or Stillbirth

In severe cases, a car accident may lead to the loss of the pregnancy, particularly in the first or second trimester.

4. Uterine Injury

Though rare, direct impact to the abdomen can rupture the uterus, placing both the mother and baby at high risk.

5. Maternal Shock or Emotional Trauma

Mental stress and physical shock after a collision can affect both the pregnancy and the mother’s long-term emotional well-being.

What to Do Immediately After a Car Accident While Pregnant

Taking the right steps after a crash can protect your health, and your legal rights:

  1. Call 911. Always report the accident, even if it seems minor.
  2. Seek immediate medical care. Tell paramedics and emergency room staff that you are pregnant so they can monitor the fetus as well as your condition.
  3. Get an ultrasound or fetal monitoring. Even if you feel fine, internal trauma can cause hidden complications.
  4. Document the accident. Take photos, get witness information, and request a copy of the police report.
  5. Follow up with your OB-GYN. Continue monitoring for signs of pregnancy distress in the days and weeks following the crash.
  6. Speak to a car accident lawyer. Don’t settle with an insurance company until you understand the full medical and legal picture.

Can You Sue After a Car Accident While Pregnant?

Yes. If another driver was at fault for the crash, you have the legal right to file a personal injury claim for your physical, emotional, and financial damages.

Depending on the circumstances, you may be able to recover compensation for:

  • Medical expenses (ER visits, OB-GYN care, ultrasounds, hospital stays, etc.)
  • Fetal injury or pregnancy complications
  • Pain and suffering
  • Emotional distress and trauma
  • Lost income from missed work or early delivery
  • Permanent disability or future complications
  • Wrongful death damages, in the tragic event of fetal loss

Our team at Ted Law Firm works closely with the medical and maternal health team to fully document your injuries and advocate for the full value of your claim.

What If the Baby Is Injured or Lost Due to the Accident?

One of the most devastating outcomes of a car crash during pregnancy is harm to the unborn child. In South Carolina, you may be able to file a claim for:

1. Fetal Injuries

If your child is born with medical conditions caused by the accident such as brain damage, broken bones, or developmental issues you may be able to pursue compensation for:

  • Long-term medical care
  • Special needs accommodations
  • Pain and suffering
  • Loss of future earning capacity (for severe conditions)

2. Wrongful Death of an Unborn Child

South Carolina law allows for a wrongful death claim when a viable fetus is killed due to another party’s negligence. These cases are emotionally and legally complex but can provide justice and financial support for grieving parents.

You may be entitled to damages for:

  • Funeral and burial expenses
  • Emotional suffering
  • Loss of companionship
  • Mental health counseling

Our attorneys handle these cases with deep compassion and complete discretion, supporting families every step of the way.

What If You Were Partially at Fault?

South Carolina follows a modified comparative negligence rule, which means:

  • You can still recover compensation as long as you are less than 51% at fault for the accident.
  • Your compensation will be reduced proportionally based on your level of fault.

For example, if you were found to be 20% at fault for a crash and awarded $100,000, you would still receive $80,000.

If the other driver or insurer is trying to shift blame to you, our attorneys will fight back with the evidence needed to protect your right to compensation.

Can You File a Claim Against a Family Member or Friend?

Yes. If you were riding with a friend or relative who caused the accident, you can still file a claim, but the claim is typically made against their insurance company, not the individual personally.

In serious accidents involving pregnancy complications, the costs of care may far exceed what health insurance alone can cover. Filing a claim ensures those costs are handled by the appropriate insurance policies, not by the injured mother or her loved ones.

Rideshare and Commercial Vehicle Accidents During Pregnancy

Were you injured in an Uber, Lyft, or taxi while pregnant? Was the at-fault driver operating a commercial vehicle?

These cases involve multiple layers of insurance and potentially higher policy limits. You may be able to recover damages from:

  • The commercial driver’s insurance
  • The employer’s liability insurance
  • The rideshare company’s policy (up to $1 million in coverage)
  • Your own uninsured/underinsured motorist policy

Our firm handles complex accident cases involving corporate or rideshare entities and will aggressively pursue every available source of compensation.

How Long Do You Have to File a Claim?

In South Carolina, the statute of limitations for filing a personal injury or wrongful death claim is typically three years from the date of the accident. However, waiting too long can hurt your case. Medical records, witness statements, and crash evidence are best preserved as early as possible.

We recommend contacting a lawyer as soon as you’re able after the crash to begin building your case.

How Ted Law Firm Can Help

Car accidents during pregnancy are among the most sensitive and serious personal injury cases we handle. Our team provides experienced, compassionate representation designed to take the pressure off you while delivering the results you need.

When you work with us, we will:

  • Thoroughly investigate the accident and determine liability
  • Collect medical records, OB-GYN reports, and leagl opinions
  • Handle all communication with insurance companies
  • Document both maternal and fetal harm
  • Prepare your case for trial if necessary
  • Keep you informed and supported every step of the way

We work on a contingency fee basis, which means you pay nothing unless we win your case.

Schedule a Free Consultation Today

At Ted Law Firm, we proudly serve clients across all of South Carolina and Georgia including Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. No matter where you are in either state, we’re here to help. And remember: you don’t pay a dime unless we win your case. There’s no risk just experienced support from a team you can trust. You’re in good hands with Ted Law Firm. 

Attorney | Founder at  | Website |  + posts

Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.

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