Overview

Oatley Vigmond represented a driver who sustained a serious brain injury after being cut off by an unidentified vehicle on Highway 401 in Toronto and subsequently struck while his disabled vehicle remained in the passing lane. Following a trial, the court found both the unidentified driver and the defendant negligent, awarding the client more than $3,200,000 in damages.

Key Takeaways

  • Award amount: More than $3,200,000
  • Accident type: Multi-vehicle motor vehicle collision on Highway 401
  • Primary injury: Serious brain injury
  • Additional injuries: None specified
  • Resolution method: Trial judgment
  • Notable legal issues: Liability involving an unidentified driver; defence alleged the client was substantially at fault and disputed the severity of the brain injury and future care needs
  • Medical treatment: 24-hour attendant care required

The Case

Our client was driving on Highway 401 in Toronto when an unidentified driver cut him off. He swerved to avoid the vehicle, lost control, and struck the centre median. His vehicle remained disabled in the passing lane for just over two minutes before it was struck by a vehicle driven by the defendant.

Before trial, the defendants argued that our client was substantially responsible for the collision. They also maintained that his brain injury was only mild and that he required minimal ongoing care. Combined defence settlement offers totalled $550,000 plus costs.

After hearing the evidence, the trial judge rejected the defendants’ position. The court found that our client had done nothing wrong and held both the unidentified driver and the defendant negligent. The judge also accepted that the client had sustained a serious brain injury requiring 24-hour attendant care and assessed damages at more than $3,200,000.

Why It Matters

This case demonstrates that liability in a motor vehicle collision may extend beyond the actions of a single driver. It also shows the importance of presenting evidence regarding both how a collision occurred and the full extent of an injured person’s impairments.

The judgment recognized the client’s significant long-term care needs after a serious brain injury. The damages awarded reflect the substantial support required for a person who needs continuous attendant care.