Missouri Truck Accident Victims Allege Emotional Distress
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.
The trial court found for Driver A, claiming that Driver B was not in the zone of danger when he viewed the dead girl's body. The zone of danger is a standard typically used in proving bystander emotional distress and anguish. However, on appeal, it was found that the trial court erred in using this bystander zone of danger standard for recovery on this issue instead of viewing Driver B as a victim in this incident. The case was reversed and remanded for retrial on said issues.
Under Missouri truck accident law, there are differing requirements for recovery for those who witness traumatic events versus those who are directly involved in the incident. Missouri law sets out that plaintiffs who are direct victims of a defendant's negligence and seek damages for emotional distress must prove not only negligence, but also two other elements.
The two additional elements that must be proven are:
- The defendant should have realized that his conduct involved an unreasonable risk of causing the distress
- The emotional distress or mental injury must be medically diagnosable and must be of sufficient severity so as to be medically significant
Although it has not yet been determined if Driver B is entitled to damages for such emotional distress, this case shows that motor vehicle accidents may severely affect those involved, not only physically, but also mentally, in addition to those not involved, such as Driver B's wife here.
As a St. Louis personal injury attorney and founding partner of Page Law, a Missouri Personal Injury Law Firm, the bulk of my work is dedicated to representing those injured in tractor trailer accident cases. I am happy to sit down and discuss any questions and concerns you may have about a tractor trailer accident or any other personal injury issue. You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com for more information.
