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Truck Driver Suffers Post-Traumatic Stress Syndrome After Serious Accident

23/10/2002
Truck Driver Suffers Post-Traumatic Stress Syndrome After Serious Accident

The Accident

D.B., a truck driver, was struck by a vehicle backing up off a highway ramp, trying to get back onto the highway where D.B. was traveling. D.B.’s truck was struck and rolled over in the median, while D.B. desperately tried to flee the burning vehicle to save his life. The driver of the other vehicle died in the accident.

D.B. was an independent owner and operator of his truck – and worked diligently to make a living. But after the accident, D.B. found himself to be panicked and fearful, suffering psychological trauma when expected to resume his driving and work.

No one believed D.B., when he tried to explain the impact that the accident had left on his life – but Bogoroch & Associates did. They worked to achieve a considerable settlement for him to aid in his recovery and help him find new work.

The Resolution

Bogoroch & Associates worked to investigate and diagnose D.B.’s trauma, which included anxiety, depression, insomnia, memory and concentration problems. Bogoroch & Associates arranged D.B.’s appointments and supported him through the medical review process.

Most importantly, D.B. found that he could not drive after the accident – such a severe phobia consumed him from the memory of barely escaping the terrible accident, and the knowledge that the other driver had died there.

D.B. underwent examinations with psychologists, psychotherapists and clinical psychologists to determine the nature of his ongoing symptoms. The extensive examinations and reviews led physicians to diagnose D.B. with post-traumatic stress syndrome.

A statement of claim was issued, and once the necessary information was obtained, the parties attended a mediation in an attempt to reach a settlement outside of court. The defence, however, would not acknowledge that D.B. could no longer drive, and that his work had been effectively stopped because of the accident.

The case proceeded to a pre-trial conference before a judge, where both sides allowed a third-party opinion that would perhaps be similar to the outcome of a trial. There, the pre-trial judge accepted D.B.’s symptoms and the diagnosis of post-traumatic stress syndrome as the cause. He also wondered about the psychological problems affecting D.B.’s ability to drive.

The pre-trial led the parties to discuss settlement again, and Bogoroch & Associates achieved an all-inclusive settlement.

The financial settlement allowed D.B. to explore other work options, while continuing to recover from the psychological trauma of the accident.

*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.