An interesting case on PTSD was heard recently in the High Court. The plaintiff in the action was driving her car when she came upon a collision between a bus and another car. She got out of her car to assist and call the emergency services. On looking into the crashed car, she saw the partly decapitated body of a motorist. As a result of seeing this she has suffered nightmares and flashbacks. Her condition caused strain on her relationships and two years later having to leave her job as a hairdresser. She claimed her injuries were because of the negligent operation or control of both the bus and car. Bus Eireann denied negligence while the insurer of the car admitted the accident was caused by the negligence of the car driver. Both defendants claimed that her psychiatric injuries did not give rise to any cause of action recognized by Irish law and did not owe her a duty of care.
The judge said the law on primary or secondary victims was not clear in this country. However, as the plaintiff’s car had been hit by debris from the crash that she was a primary victim. He ruled that the plaintiff had suffered PTSD as a result of the accident and awarded her €87,000.
Sheehan v Bus Eireann, High Court
For further information on Accident / Personal Injury Claims you should contact:
Brian Morgan
Morgan McManus Solicitors
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