Overview

Oatley Vigmond represented a 55-year-old personal support worker who sustained a traumatic brain injury and serious orthopaedic injuries in a head-on collision with her husband on a rural road. After litigation against both the driver and the municipality responsible for maintaining the roadway, the case settled during trial for more than $3.75 million.

Key Takeaways

  • Settlement amount: More than $3.75 million
  • Accident type: Head-on motor vehicle collision
  • Primary injury: Traumatic brain injury
  • Additional injuries: Serious orthopaedic injuries
  • Resolution method: Settlement during trial
  • Notable legal issues: Claims against the driver and municipality; allegations of deficient sightlines and failure to mark the roadway with a centreline
  • Medical treatment: Mobility aids including a wheelchair, walker, and cane; constant supervision required
  • Long-term impact: Permanent functional limitations, inability to walk independently, and inability to be left alone

The Case

Our client, a 55-year-old personal support worker, was driving to work on a rural road she travelled every day when she was involved in a head-on collision with her husband, who was driving home. As both vehicles approached a hill, her husband entered her lane, causing the collision.

The crash left our client with a traumatic brain injury and serious orthopaedic injuries. She sustained permanent impairments that prevented her from walking independently, requiring the use of a wheelchair, walker, or cane. She also required constant supervision and could no longer be left alone because of her functional limitations.

Oatley Vigmond commenced legal proceedings against both the husband and the municipality responsible for maintaining the roadway. The firm’s investigation revealed that the road had deficient sightlines and should have been marked with a centreline. Evidence established that if the roadway had been properly marked, the collision likely would not have occurred.

During the course of the trial, the case settled for more than $3.75 million. The settlement compensated our client for her pain and suffering, loss of income, and the significant cost of her future care.

Why It Matters

This case demonstrates that serious motor vehicle collisions may involve factors beyond driver conduct alone. Road design and maintenance can play an important role in determining how a collision occurred and who may be legally responsible.

The result also reflects the significant long-term consequences of catastrophic injuries. The settlement provides financial support for the client’s ongoing care needs, mobility limitations, and permanent loss of independence.