Overview 

A 30-year-old man sustained a concussion in a Highway 400 collision involving disabled vehicles from an earlier crash. Although the defendants argued that he was entirely responsible for the collision, Oatley Vigmond obtained a jury verdict of more than $500,000 after establishing the seriousness of his brain injury and its impact on his future. 

Key Takeaways 

  • Verdict: More than $500,000  
  • Accident type: Motor vehicle collision involving disabled vehicles on Highway 400 
  • Primary injury: Concussion  
  • Additional injuries: Post-concussive symptoms  
  • Resolution: Four-week jury trial  
  • Notable legal issues:  
  • Defendants argued the client was wholly responsible for the collision  
  • Client accepted partial responsibility for the crash  
  • Jury found the defendants 35% responsible  
  • Medical evidence: Brain injury evidence established the seriousness of the client’s injuries  
  • Long-term impact: Post-concussive symptoms affected the client’s ability to pursue a career in law enforcement  
  • Damages: Jury assessed damages at nearly $1.5 million before apportioning liability  

The Case 

The client was driving in the fast lane on Highway 400 at night when he encountered two disabled vehicles that had been involved in an earlier collision. The vehicles were partially blocking the fast lane and centre shoulder. Although other motorists were able to avoid them, the client collided with the vehicles and sustained a concussion. 

The defendants maintained that the client was entirely responsible for the collision and made only a minimal settlement offer. Oatley Vigmond acknowledged that the client bore some responsibility for the crash, recognizing that credibility on the issue of liability would be important at trial. 

The case proceeded to a four-week jury trial because the client’s post-concussive symptoms had significantly affected his ability to pursue his intended career in law enforcement. The defendants minimized the seriousness of his brain injury, while Oatley Vigmond presented evidence demonstrating its lasting impact. 

The jury assessed the client’s damages at nearly $1.5 million, despite the fact that he was able to work part-time, and found the defendants 35% responsible for the collision. As a result, the client received a verdict of more than $500,000. 

Why It Matters 

This case demonstrates that an injured person may still recover substantial compensation even when they bear significant responsibility for a motor vehicle collision. Liability and the extent of an injury are separate issues that must each be determined based on the evidence. 

The result also highlights the importance of presenting compelling medical and functional evidence in brain injury cases. In this matter, that evidence persuaded the jury that the client’s concussion had serious long-term consequences despite disputes over liability.