Emotional distress after witnessing the death of a two-year-old girl was the issue at dispute in a recent Missouri truck accident lawsuit. This tractor trailer accident case stemmed from a collision on Interstate 44 in the summer of 2004 (appealed to Missouri Supreme Court July 2008). The motor vehicle accident was allegedly caused by Driver A who lost control of his car in rainy conditions. The car spun across the median and struck Driver B's tractor trailer.
Driver B, a truck driver, was physically injured in the accident after his knees were jammed into the steering wheel, also putting pressure on and twisting his ankles. After the truck accident, Driver B also witnessed the mangled body of Driver A's two-year-old daughter, allegedly causing severe emotional distress. Driver B specifically claimed to have suffered post-traumatic stress disorder, anxiety, anguish and stress.
Driver B and his wife sued Driver A in a negligence action for causing the Missouri truck accident. The allege Driver A was speeding and was negligent in failing to operate his vehicle with the required degree of care. In addition to the physical injuries suffered and the mental and emotional damages alleged, there was also a claim for lost wages and loss of consortium for Driver B's wife.