Negligent Infliction of Emotional Distress To Bystanders In Car Accidents

In a legal context emotional distress, or mental anguish, is a non-physical and largely psychological injury. In short, the law recognizes emotional distress as a state of mental suffering that results from an experience which was caused by the negligence or intentional acts of another person. This is generally of a physical nature.

Bystanders or people who personally experienced the emotional trauma, as well as their relatives, may be able to assert a civil lawsuit alleging emotional distress. However, this occurs only in considerably specific circumstances. Emotional distress to bystanders in car accidents specifically will be further discussed below.

Emotional distress is generally exhibited by:

• Feelings of humiliation or shame;
• Insomnia, nightmares, and other sleep disturbances;
• Depression;
• Self-destructive thoughts;
• Anxiety;
• Stress; or
• Another emotional response resulting from a traumatic event such as flashbacks.

It is important to note that in most cases involving emotional distress, you may only be able to sue for emotional damages if the traumatic incident resulted in physical harm. However, as of June 2019, some courts have recognized the right to award monetary damages for emotional distress claims without a need for actual physical harm.

An example of this would be in cases of sexual harassment or defamation. In such cases, expert witness testimony from a therapist or a psychiatrist may be required to prove a plaintiff’s case of emotional distress, as well as evaluate the range of monetary damages that are associated with the injury.

There are two general types of emotional distress claims:

• Negligent Infliction of Emotional Distress: This is a claim for emotional distress that occurs when a defendant’s actions are accidental, or unintentional. However, there must still be a causal connection between the defendant’s action and the emotional distress that the plaintiff suffers. An example of this would be how cases in which a person witnessed the death or injury to their family member from a drunk driver could qualify for negligent infliction of emotional distress; and
• Intentional Infliction of Emotional Distress: This is a claim for emotional distress which occurs when the defendant’s actions are intentional. or reckless. An example of this would be how an employer having you fired and escorting you out of the building in handcuffs may be humiliating, but that treatment is unlikely to rise to a level of intentional infliction of emotional distress. However, a case in which you have been diagnosed with post-traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment, and your employer knew of the harassment but took no action, may be more likely to succeed.

How Do I Prove Negligent Infliction Of Emotional Distress To Bystanders In Car Accidents?

In terms of suing for negligent infliction of emotional distress as a bystander, states take many different approaches on what elements are necessary. In states such as California and Texas, bystanders are able to sue for negligent infliction of emotional distress (“NIED”) when the driver is involved in an accident that causes bystanders to suffer emotional distress.

Generally speaking, states require these essential elements in order to sue for NIED:

1. The Impact Rule: This asserts that the defendant’s actions caused some type of impact or physical contact. It is important to note that this rule is only used in a few states and requires anything that may cause a minor or major impact to fulfill the requirement. An example of this would be the percussive effect of an explosion, or even being struck with a pebble;
2. The Zone of Danger Rule: This rule requires that the plaintiff be in close enough proximity to the defendant’s negligent actions, that the plaintiff was also at risk of physical harm. More states adhere to this rule than the Impact Rule, and it limits claims for emotional distress to those that are based on fear of injury; and
3. Foreseeability Rule: The majority of states adhere to this rule which requires the defendant to have been able to reasonably predict that their actions could cause negative consequences for the plaintiff. This rule, unlike the above two rules, does not require physical harm or risk to be present.

To further explain, foreseeability refers to whether a reasonable and prudent person would be able to foresee that harm could result from the at-fault driver’s conduct. Depending on the state in which the accident occurred and whether bystanders are allowed to sue for negligent infliction of emotional distress, bystanders do not need to be physically harmed or in danger of harm in order to sue the defendant.

Does The Bystander Need To Be A Family Member In Order To Sue For Negligent Infliction Of Emotional Distress To Bystanders In Car Accidents?

Generally speaking, the bystander plaintiff must meet the following criteria in order to be eligible for compensation:

1. The bystander who is seeking damages must be closely related to the accident victim, which is clarified below;
2. The bystander witnessed the accident and was immediately aware that the victim was injured in the accident; and
3. The bystander experienced serious emotional distress, defined as being a degree of emotional harm that is greater than a disinterested or unrelated bystander would experience after having witnessed the accident.

People who are considered to be closely related to the accident victim include:

• Children;
• Parents;
• Siblings;
• Grandchildren; and
• Relatives who reside in the same home as the victim.

In some states, unmarried cohabitants, with the exception of domestic partners, are considered to be ineligible for NIED compensation.

Are There Any Defenses For Negligent Infliction Of Emotional Distress To Bystanders In Car Accidents?

If you are being sued for negligent infliction of emotional distress to a bystander, your defense attorney could work to show that the plaintiff’s emotional distress was not foreseeable. This is a commonly used defense, especially in cases in which the bystander was not closely related to the car accident victim. Other potential defenses would be similar to those used in personal injury cases in general.

One of the common defenses used in a personal injury case would be comparative or contributory negligence. This defense claims that the defendant was not completely at fault due to the plaintiff’s comparative or contributory actions. The difference between the two types of negligence is the amount of negligence that the plaintiff had. In comparative negligence states, the court will allow the plaintiff to recover damages even if they were partially at fault, while in contributory negligence states, the court will not award damages to the plaintiff if the plaintiff was at fault at all for contributing to their own injuries.

Some other examples of personal injury defenses that may be used in a claim for negligent infliction of emotional distress to bystanders in car accidents include:

• Assumption of risk;
• The plaintiff did not state a claim;
• The plaintiff missed the statute of limitations; or
• No mitigation of damages.

Do I Need An Attorney To Sue For Negligent Infliction Of Emotional Distress To Bystanders In Car Accidents?

If you are experiencing emotional distress caused by the negligent actions of someone else, you should speak to a personal injury attorney. An experienced personal injury lawyer can inform you of your legal rights and options under your state’s specific personal injury laws. Additionally, they will also be able to represent you in court, and will determine whether there are any defenses available to you if you are the defendant.