On Saturday June 10 around 4 p.m., a pickup truck drove into oncoming traffic on F.M. 973 and collided with a motorcycle. The driver of the motorcycle was pronounced dead at the scene and the pregnant female passenger, who had been thrown from the bike, was taken to a local hospital. The child did not survive and the woman remains in critical condition. The driver of the pickup truck who caused the head-on collision has been charged with intoxication assault and intoxication manslaughter. If the woman recovers, she may have the right to hold the at-fault driver responsible for her injuries and the loss of her child’s life.
A Personal Injury Claim Following a Motorcycle Accident
After a motorcycle accident caused by another driver or bike, the injured victims have the right to seek compensation through a personal injury insurance claim or lawsuit. Most auto accident injuries are resolved through an insurance settlement. The injured party files a third-party claim against the at-fault driver’s insurance policy. After the insurance company investigates the crash and the claimant provides evidence of his or her injuries, then the insurer will often offer a settlement. The claimant can work with an attorney to negotiate a fair settlement amount.
However, in some circumstances it is necessary for the injured person to file a personal injury lawsuit. He or she may still have hopes to settle with an insurer yet need to utilize the discovery process to gather more evidence of the other driver’s fault. The lawsuit can also put pressure on an insurer to settle to mitigate their financial losses and avoid a lengthy legal battle. If a settlement is still not forthcoming from an insurer, the victim has the option to move forward with a trial and seek to prove the other driver’s responsibility to a judge or jury.
Pregnancy Effects a Personal Injury Claim
Pregnant women who are injured in car accidents must address their unique circumstances during a personal injury claim. A woman may suffer injuries specifically related to her pregnancy, which could entitle her to additional compensation. For example, the crash may increase the risk to the fetus, forcing the expectant mother to undergo additional medical care or bed rest, which leads to lost wages.
A more serious car accident can lead to miscarriage, placental disruption, premature delivery, stillbirths, and injury to the infant. If the infant is born early and/or injured, then the mother may have to file a claim or suit on behalf of the child who now needs additional medical care and may be in pain or distress. If the infant passed away while in the womb, this leads to additional injuries the woman can seek compensation for. However, if the infant was born alive and died shortly after due to injuries suffered in the crash, then the mother may not only have a personal injury claim, but also a wrongful death claim.
Contact Our Austin Personal Injury Lawyers for Help
If you were injured in a crash while pregnant, contact the experienced New Braunfels personal injury lawyers from The Bettersworth Law Firm today. We can explain your rights in regard to compensation and how the impact of the crash on your pregnancy affects your claim.