With each passing year, hit-and-run accidents are becoming a more serious issue on Harrisburg streets. In Pennsylvania, any party that is involved in a collision but leaves the scene of the accident has committed a hit-and-run. A hit-and-run carries a serious penalty under state law, with the least severe charge still being subject to imprisonment and fines. None of this begins to cover the emotional damage that is caused by a driver fleeing the scene.
In a car accident lawsuit, it is important to seek compensation for emotional distress. Given the elusive nature of emotional distress damages, they are often overlooked. Our car accident attorneys explain the physical and emotional symptoms that may indicate emotional distress and the criteria that Pennsylvania courts examine when awarding damages.
What are Emotional Distress Damages?
Generally, emotional distress describes the psychological symptoms or emotional response that someone experiences following a traumatic incident. If you are experiencing pain and suffering, loss of enjoyment of life, or permanent disability, these may be grounds to seek emotional distress damages.
Common conditions that are associated with emotional distress include post-traumatic stress disorder (PTSD), anxiety/depression, or certain heart disorders. In some cases, the trauma of a hit-and-run can exacerbate a pre-existing condition. Although physical symptoms are not required to recover emotional distress damages in Pennsylvania, a documented condition can strengthen your claim.
Negligent Infliction of Emotional Distress
Personal injury claims deal with two types of emotional distress damages: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). IIED is reserved for claims in which the defendant displays either intentional, reckless, or egregious conduct. Given that the vast majority of motor vehicle accidents are caused by negligence, this blog focuses on the latter.
In Pennsylvania, specific requirements must be satisfied to claim NIED.
Zone of Danger Rule
In the zone of danger rule, the plaintiff must have been at risk of physical injury, which is caused by the defendant’s negligence. This danger must make them fearful for their safety. This rule may apply to a pedestrian who is almost struck by a hit-and-run driver or a passenger in the impacted vehicle.
Bystander Liability
This theory of recovery is reserved for individuals who observe a close relative who suffers physical injury in an accident. Even if the family member is not in the zone of danger and subsequently not injured, the bystander liability may apply if the individual experiences emotional distress.
Special Relationship
A NIED claim may arise when a special relationship exists between the plaintiff and the defendant. For instance, in a hit-and-run incident, the driver who leaves the scene could be an employee of the plaintiff. The employee may flee the scene in an attempt to avoid liability, in hopes that they will never be identified.
Harrisburg Car Accident Lawyers Seeking Compensation for Hit-and-Run Victims
A hit-and-run can be daunting, leaving you unnerved every time you get behind the wheel. The mental and emotional toll that you are experiencing can be debilitating, making you feel that you can never get past the trauma. At Shollenberger Januzzi & Wolfe, our team of legal professionals understands the anxiety that you are facing. If you are experiencing mood swings, sleep disturbances, or physical ailments following a crash, our accident injury attorneys can help. To learn more, contact us online or by phone at (717) 229-6580 today.