Woman struck and killed by a New Jersey Transit while crossing the street
Posted on Saturday, November 23rd, 2013 at 8:04 pm
A woman was struck and killed by a New Jersey Transit bus on Sunday, November 10, 2013 in Camden, NJ. Shambra Rollins, a retired special education teacher was running to catch the bus to go to church when she was struck and killed. The entire incident was witnessed by one of her daughters. Witnesses at the scene described the incident as graphic and gruesome. This type of horrific tragedy highlights the cause of action for emotional distress. In addition to a potential cause of action for the death of the pedestrian, there could be a claim for the victims daughter for negligent infliction of emotional distress.
In New Jersey, where the accident occurred, in order for a bystander recover for negligent infliction of emotional distress they must prove:
- The death or serious physical injury of another caused by defendant’s negligence
- A marital or intimate, familial relationship with the injured person
- Observation of the death or injury at the scene of the accident
- Resulting severe emotional distress
Pennsylvania similarly allows individuals to recover for negligent infliction of emotional distress. In order to recover in Pennsylvania, there must be a contemporaneous observance of the injury to the close relative.
Negligent infliction of emotional distress claims are not limited to only motor vehicle accidents but may be brought in other instances where death or serious injury occurs because of someones negligence.
If you or a loved one have been injured in an accident or witnessed a family member suffer serious injury, contact our legal experts today at (215) 875-7030. The experienced attorneys at Zavodnick, Zavodnick & Lasky, LLC will help you receive the compensation and justice you deserve.