Recovering For Psychological Injuries After A Commercial Vehicle Accident

Being involved in an accident with a commercial vehicle is almost always a frightening endeavor, even if no physical injuries occurred. A commercial vehicle is usually far larger than the average car or truck, and even a near miss can leave psychological scars on those involved. That said, it is much more difficult – though not impossible – to file suit against a commercial vehicle driver in Florida if a person suffers purely psychological injuries.

Accidents Cause Physical & Emotional Injuries

Because of the size and required stopping distance of most commercial vehicles, these types of accidents can disproportionately cause serious injury and death. Data shows that the average passenger car going 65 miles per hour requires roughly 315 feet of stopping distance, while the average large truck or commercial vehicle going the same speed will need 525. A vehicle that winds up in the path of that commercial vehicle will experience significant amounts of force.

In addition to any physical injuries that might result, however, mental health-related or emotional injuries are common after accident cases. Post-traumatic stress disorder (PTSD) is recognized as a serious concern for accident victims in multiple studies, and other psychological conditions make themselves known at lesser intervals. That said, because personal injury cases hinge on tangible damages, it can be difficult to recover the compensation you deserve.

The ‘Impact Rule’ Bars Many Claims

If a person sustains significant and/or permanent physical injuries after a commercial vehicle accident, they may file a claim in court to seek compensation. If their injuries are primarily emotional, it is often possible to seek damages for this, but sometimes these cases are frustrated by what is known as Florida’s impact rule. The impact rule, though it has been somewhat relaxed over time, essentially prevents someone from recovering for solely emotional damage unless there has been some kind of physical harm as a result.

There are several exceptions to this rule as of this writing – for example, in Champion v Gray (1985), a man was allowed to recover damages for the psychological trauma occasioned by witnessing his wife’s sudden death – in which the courts have held that the price of mental or emotional distress is too high to require a physical impact. However, each case is different, and it is crucial to consult with an attorney to determine whether an exception might apply in your case.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have been involved in a commercial vehicle accident in Florida, both the physical and psychological effects can be long-lasting. A Tampa truck accident attorney from the Rinaldo Law Group can help you clarify any confusion about what may be actionable, and if necessary, guide you through the legal process. Contact our office today at (813) 831-9999 to schedule a consultation.

Source:

trucksmart.udot.utah.gov/stopping-distances