Overview 

A mother and her infant daughter were seriously injured after the vehicle they were travelling in crossed the centre line of a northern highway and collided with an oncoming tractor trailer. The mother sustained multiple traumatic injuries, while the infant suffered a severe traumatic brain injury. The case involved complex liability issues requiring engineering and human factors evidence, and it settled in December 2025 for an all-inclusive $4,260,000. 

Key Takeaways 

  • Settlement amount: $4,260,000 (all-inclusive)  
  • Accident type: Collision involving a passenger vehicle and tractor trailer  
  • Primary injury: Severe traumatic brain injury (infant)  
  • Additional injuries: Mild traumatic brain injury, nasal bone fractures, rib fractures, right pneumothorax, mediastinal hematoma, right inferior pubic ramus fracture, right open femur fracture, and right clavicle fracture  
  • Medical treatment: Mother transferred to Sunnybrook Health Centre; infant transferred to SickKids  
  • Resolution method: Settlement  
  • Notable legal issues: Engineering and human factors evidence used to establish partial liability against the transport driver  
  • Long-term impact: Settlement provides funding for the child’s ongoing care and support  

The Case 

A mother and her infant daughter were injured when the vehicle they were travelling in crossed the centre line of a northern highway and collided with an oncoming tractor trailer. The collision occurred after the late husband and father, who was driving the vehicle, crossed into the opposing lane of traffic. 

The mother was transported to Sunnybrook Health Centre, where she was treated for a mild traumatic brain injury, nasal bone fractures, rib fractures, a right pneumothorax, a mediastinal hematoma, a right inferior pubic ramus fracture, and a right open femur fracture. The infant daughter was transferred to SickKids after sustaining a severe traumatic brain injury and a right clavicle fracture. 

The legal case presented significant liability challenges because the collision was initiated when the plaintiffs’ vehicle crossed the centre line. To pursue a claim against the transport driver, engineering and human factors evidence was required to establish at least 1% liability. The plaintiffs successfully argued that the truck driver failed to meet the applicable standard of care and did not do enough to avoid the collision. 

In December 2025, the matter settled for an all-inclusive $4,260,000. The settlement will provide the infant child with the care and support needed to help her live as close to a normal life as possible. 

Why It Matters 

This case highlights the importance of thoroughly investigating every potentially responsible party following a serious motor vehicle collision, even when liability is complex or initially appears limited. 

It also demonstrates the value of expert evidence in personal injury litigation, particularly where engineering and human factors analysis may be necessary to establish liability and secure compensation for individuals with life-altering injuries.