Michelle Williams, 32, sustained a fractured pelvis and head trauma when the car she was riding in was struck in Chicago by John Manchester, 52, in 2002.
Doctors told Williams her injuries were so severe they recommended she abort her pregnancy so she could undergo surgery immediately. While the fetus was not injured, they said by not ending the pregnancy, she could expose it to radiation and other risks, and delaying surgery could result in long-term injuries to her.
She said she reluctantly agreed to the abortion, and is now suing Manchester for wrongful death, as under Illinois' Wrongful Death Act, a fetus is considered a person, the Chicago Sun-Times said.
The two sides have already settled Williams' claim that Manchester caused her personal injuries.