Can You Sue for PTSD in Truck Accident Cases?

Truck accidents change lives. When a commercial vehicle, such as an 18-wheeler, semi-truck, or big rig, collides with a smaller vehicle, the physical injuries can be catastrophic. But the emotional and psychological toll can be equally devastating. Many survivors of serious truck wrecks develop Post-Traumatic Stress Disorder (PTSD), a recognized psychological injury that may form the basis of a personal injury claim.

This blog explains whether you can sue for PTSD after a truck accident, how it works legally, statistics on PTSD from traffic collisions, what evidence is needed, and how an experienced attorney can help you recover compensation for both physical and emotional trauma.

“PTSD is a real and debilitating injury that often accompanies the physical toll of a serious truck accident. Those suffering from its effects deserve full compensation — not just for medical costs, but for the emotional and psychological trauma that alters every day of their lives.” — John J. Malm, Naperville truck accident attorney

What Is PTSD and Why It Matters After a Truck Crash

Post-Traumatic Stress Disorder (PTSD) is a well-documented psychiatric condition that can arise after exposure to a terrifying event. Symptoms can include:

Nightmares or flashbacks of the traumatic event
Heightened anxiety or hypervigilance
Avoidance of situations that remind the individual of the trauma
Emotional numbness or depression
Trouble sleeping or concentrating

PTSD is not “just stress”; it is a medically recognized disorder that can persist for months or years following a traumatic event such as a serious truck accident. Motor vehicle collisions are among the leading non-combat causes of PTSD worldwide. Studies show that traffic accident survivors can develop PTSD at significant rates: pooled research indicates approximately 22.25% of serious traffic accident survivors later exhibit PTSD symptoms.

Truck accidents, due to their severity and sudden, violent nature, can present a particularly high risk of PTSD. Survivors may relive the crash, avoid driving, suffer persistent fear, or experience ongoing distress that affects daily functioning, relationships, and employment.

Can You Sue for PTSD After a Truck Accident? The Legal Framework

PTSD Is a Recognized Legal Injury

Under Illinois personal injury law, victims of negligent conduct, including negligent driving, may seek compensation for both economic and non-economic damages. Non-economic damages include emotional distress, mental anguish, pain and suffering, loss of enjoyment of life, and psychological injuries like PTSD.

In truck accident cases, you can pursue compensation for PTSD if:

The truck driver or another party owed you a duty of care (e.g., to operate the vehicle safely).
That duty was breached through careless or reckless conduct (e.g., speeding, distracted driving, DUI, hours-of-service violations).
The breach caused the collision.
You suffered measurable harm, including PTSD as diagnosed by a qualified mental health professional.

This framework of duty, breach, causation, and damages is the foundation of negligence law and applies equally to psychological injuries like PTSD as it does to physical injuries.

PTSD Does Not Always Require Physical Injury

In many jurisdictions, including Illinois, a physical injury is not strictly required for emotional injury claims where negligence directly causes psychological harm. However, successful PTSD claims typically require thorough medical documentation showing that:

PTSD was diagnosed according to established clinical standards (e.g., DSM-5 criteria).
The PTSD symptoms are directly tied to the truck accident.
The emotional impact is ongoing and significantly affects your quality of life.

Insurance companies often challenge the legitimacy of PTSD claims precisely because the injury is “invisible.” That’s why expert testimony, records from psychiatrists or psychologists, and comprehensive evidence of how the disorder affects your life are critical.

How PTSD Is Evaluated in Truck Accident Claims

To successfully sue for PTSD after a truck crash, your legal team will work to:

Medical Evidence

Secure a formal diagnosis from a mental health professional.
Document the timeline of symptom onset after the accident.
Show how PTSD has impacted your daily living, employment, and relationships.

Expert Testimony

Psychiatric or psychological experts often testify about the severity, prognosis, and impact of PTSD.
Specialists can explain the connection between the traumatic event and the psychological response to a judge or jury.

Corroborating Evidence

Testimony from family, friends, or coworkers about behavioral changes.
Therapy and medication records.
Journals or personal accounts of ongoing trauma symptoms.

Insurance companies may hire their own experts to dispute PTSD claims, which is why having experienced counsel is essential for navigating these disputes effectively.

Types of Compensation Available

If your PTSD claim is successful, you may recover compensation for:

Medical Expenses: Costs for therapy, counseling, psychiatric care, medications, and ongoing treatment.
Lost Wages: Compensation for time away from work, reduced earning capacity, or job loss due to PTSD.
Pain and Suffering: Non-economic compensation for the emotional toll of PTSD.
Loss of Enjoyment of Life: Damages for the reduced ability to engage in activities once enjoyed.

Unlike strictly physical injuries, PTSD settlements often focus more heavily on non-economic damages, making documentation of symptom severity and long-term impacts crucial.

Statistics on PTSD After Traffic and Truck Accidents

While research specific to truck accident PTSD alone is limited, broader studies of PTSD after serious traffic incidents provide important context:

A systematic review of motor vehicle accident survivors found 20%–46% developed PTSD within six weeks, with persistent symptoms in up to 30% one year later.
Another large sample study estimated a pooled PTSD prevalence of 22.25% among traffic accident victims.
PTSD symptoms can endure long after physical healing, with some individuals experiencing significant impairment years later.

These statistics underscore that PTSD after a traffic collision, including truck crashes, is neither rare nor inconsequential. Recognizing PTSD as a valid personal injury is important for comprehensive compensation.

Challenges in PTSD Truck Accident Claims

Though legal claims for PTSD are valid, they are not automatic or easy:

Insurance companies dispute claims by minimizing psychological injury or demanding extensive proof.
Symptom severity must typically be documented, not merely self-reported.
Causation must be linked clearly to the accident, not to pre-existing mental health conditions or unrelated stressors.

Because of these challenges, expert legal representation significantly increases the likelihood of fair compensation.

Frequently Asked Questions about Naperville Truck Accident PTSD Cases

Q: Can I sue for PTSD if I wasn’t physically injured?

A: Yes. Emotional trauma claims, including PTSD, can stand on their own in many personal injury cases, particularly when negligence caused the traumatic event and PTSD symptoms are well documented.

Q: What kind of evidence do I need?

A: You need:

A formal PTSD diagnosis,
Medical records and treatment documentation,
Testimony or reports showing how PTSD affects your life,
Evidence tying your symptoms directly to the truck accident.

Q: Do truck accident PTSD claims settle out of court?

A: Many do. Insurance carriers often prefer settlement to avoid a jury trial. However, settlements must reflect the full scope of your emotional and economic losses.

Q: How long do I have to file a lawsuit?

A: In Illinois, the statute of limitations for personal injury claims, including PTSD from a truck accident, is generally two years from the date of the collision.

Contact the 5-Star Rated Naperville Truck Accident Attorneys at John J. Malm & Associates

PTSD isn’t an abstract concept; it’s a legitimate medical condition with real impacts on your daily functioning, earning ability, and emotional well-being. With the right legal strategy and evidence, you can pursue compensation that covers both visible and invisible injuries.

If you or a loved one is struggling with PTSD after a serious truck wreck, contact our experienced Naperville truck injury attorneys for a free, confidential consultation today. We offer free consultations, handle claims on a contingency basis, and fight to hold negligent drivers and trucking companies accountable for all harms, including emotional and psychological injuries.