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Liability for Accidents Involving Pregnant Women

Pregnant women who are injured in accidents face unique risks. Injuries to the fetus from seatbelts and steering wheels are responsible for four out of five fetal deaths that are trauma-related. Even injuries that don’t directly affect the fetus can complicate pregnancy. If an accident leads to litigation, pregnancy-related injuries can have important consequences for the liable party.

Pregnancy and damages

In a personal injury case a plaintiff can seek compensation for all of the costs that are associated with the injury caused by the defendant. Pregnancy-related injuries are no different. The defendant must compensate the plaintiff for pregnancy-related complications to the extent the defendant is responsible for causing them. Among these damages can be the cost of recovering from emotional trauma.

Nevada law also permits plaintiffs to recover for injuries to an unborn fetus. In White v. Yup, 85 Nev. 527 (1969), the Nevada Supreme Court adopted the rule that a plaintiff may sue for damages on behalf of an unborn fetus, including for wrongful death. As a threshold matter the fetus must have been viable at the time of the accident. If the child is stillborn following the accident and the plaintiff can establish that the accident caused the still birth, wrongful death may be the appropriate cause of action. In such cases the plaintiff can recover medical and funeral costs. In some cases punitive damages may also be awarded, but under Nevada’s wrongful death statute a plaintiff may not recover damages for pain and suffering. NRS 41.085(5)(b).

Pregnant women are at higher risk of accidents

The special dangers of injury during pregnancy make it especially important for pregnant women to take precautions. One study found that women were 42% more likely to get into a car crash during their second trimester than they were during the three years prior to getting pregnant. Paying attention to seatbelt positioning, seat adjustments, and other precautions can reduce some, but not all, of the risk of injury.

Just because a pregnant woman faces higher risks doesn’t mean that she bears responsibility in the event that she’s injured by another person’s negligence. Although in accident cases an injured person’s comparative negligence can be a factor in determining a defendant’s liability, the mere fact that the plaintiff was pregnant at the time of the accident is not going to be enough. On the other hand, if the plaintiff was suffering from particularly severe morning sickness there may be an argument that she should not have attempted to drive.

GGRM is a Las Vegas personal injury law firm

For over 45 years the attorneys at Greenman Goldberg Raby Martinez have represented injured clients in the Las Vegas area. If you have been injured in an accident call us today for a free attorney consultation at 702-388-4476 or request a call through our website.