- Date: June 02, 1991
- Victim’s age: 15
- Victim’s Sex: Female
- Occupation: N/A
- Place: Acrevale Road, Ontario
- Circumstances: excessive speed
- Injuries sustained: multiple skull fractures, hearing loss, fractured collar bone
- Settlement Amount: $919,120.70
The car accident
On June 2, 1991, a 15-year-old girl was thrown from a car during a car accident and suffered serious injuries. She was the passenger in a vehicle being driven by a 16-year-old boy. He was travelling over 100km/h on a road with a posted speed limit of 80km/h. They were approaching a blind hill and he was trying to catch air as they went over. As they crested over the hill another vehicle was coming up the hill and the drivers swerved to avoid each other. Due to the excessive speed of the vehicle she was in, the driver lost control and the car skidded off the road into the ditch. The girl was not wearing her seatbelt and was ejected from the car during the accident.
The victim’s injuries from the fatal car accident
The ambulance arrived at the scene, and she was brought to the nearest hospital. Her injuries were so severe she was then transported to Sick Kid’s Hospital in Toronto. She suffered multiple skull fractures leaving her unconscious for three days following the accident and she suffered hearing loss. She fractured her collar bone, had severe cuts to her wrist that damaged her tendons, and suffered a partial tear of a ligament in her knee.
The damage to her brain had a permanent impact on her ability to speak, and concentrate. It also impaired her judgment and memory. She also suffers from continuous fatigue and mood swings. The doctor testified that no amount of rehab will reverse the damage done to her brain. Furthermore, she has to use hearing aids as a result of the hearing loss she suffered.
Compensation for victim
The judge found the driver 85% liable for her injuries and found her 15% liable since she was not wearing a seatbelt. The judge awarded her a total of $919,120.70 in damages.