Overview

Oatley Vigmond represented a young woman who sustained a severe brain injury after losing control of her vehicle on black ice in a single-vehicle collision. Following an investigation into the municipality’s winter road maintenance practices, the case settled before trial for $5,000,000, the limit of the municipality’s insurance policy.

Key Takeaways

  • Settlement amount: $5,000,000
  • Accident type: Single-vehicle collision on black ice
  • Primary injury: Severe brain injury
  • Additional injuries: None specified
  • Resolution method: Settlement before trial
  • Notable legal issues: Municipal liability for winter road maintenance; municipality’s policy not to treat roads overnight despite hazardous conditions
  • Medical treatment: Not specified
  • Long-term impact: Settlement improved the client’s quality of life

The Case

Our young client sustained a severe brain injury after losing control of the vehicle she was driving on black ice. Because the collision involved only her vehicle, there was no other driver against whom a claim could be made.

During its investigation, Oatley Vigmond discovered that the municipality responsible for maintaining the roadway had not applied salt or sand despite warnings of freezing rain and multiple motor vehicle collisions occurring on the same night. The investigation also revealed that the municipality had a policy of not treating its roads overnight, regardless of how hazardous the conditions became.

The municipality defended its winter maintenance policy as reasonable. Oatley Vigmond challenged that position by retaining experts with significant experience in winter road maintenance. Before the matter proceeded to trial, the case settled for $5,000,000, representing the limit of the municipality’s insurance policy.

Why It Matters

This case demonstrates that a serious single-vehicle collision may require a thorough investigation into factors beyond the actions of the driver. Road maintenance practices and municipal policies can become important issues when hazardous road conditions contribute to a collision.

The result also highlights the value of expert evidence in complex cases involving municipal liability. The settlement provides financial resources that significantly improved the client’s quality of life following a severe brain injury.