Head on crash with a semi-trailer truck results in passenger receiving substantial damages award of compensation

PUBLISHED 27 Jul 2017

On or around June, 2014 at around midday our client was a 16 year old front seat passenger in a motor vehicle being driven by her boyfriend along Chichester Dam Road, Bendolba, being a country town in the Hunter Region of New South Wales, when he veered onto the incorrect side of the roadway and collided head on into an oncoming semi-trailer causing a substantial accident and injuries to our client. Our client was lucky to be alive from the accident.

Police attended the scene of the accident and the insured driver was found to be at fault for veering onto the incorrect side of the roadway and causing the accident.

As a result of the accident our client suffered injuries to her neck and back, right shoulder, right side of the ribs and a fractured right wrist for which he was required to be referred to an orthopaedic surgeon for treatment. She also suffered emotional and psychological consequences of the accident which affected her school studies as she was studying for the HSC.

Our client had part-time work as a shop assistant and sales assistance and had difficulty writing because of the ongoing problems with her right wrist which affected her grip strength and all other daily activities where she needed to use her right wrist.

She underwent surgery to her right wrist and as she is right hand/right wrist dominant she still had problems with her right wrist which affected her ability to lead a normal life on a daily basis.

The diagnosis from the doctors and specialists were that she had suffered damage to the right wrist which caused the ongoing pain and swelling and disability with the right wrist.

Detailed particulars were provided to the insurer in relation to the claim including for non-economic loss for permanent impairment and pain and suffering, past and future treatment expenses, past and future loss of wages, past and future loss of Superannuation and past and future care as a result of the accident.

The client was also medically examined and assessed by doctors from both sides and also then referred to the government doctors to determine the final permanent impairment as a result of her injuries sustained from the accident. Our client obtained very good assessments from the government doctors which confirmed the ongoing nature of her injuries and disabilities arising from the accident.

As a result of the government doctor assessments, the insurer confirmed their intention to discuss the matter for the purposes of resolution of the claim.

After discussing the various heads of damages, the insurer was prepared to pay substantial damages of compensation in favour of the claimant in respect of her injuries, losses and damages arising from the accident. This was a very good outcome for the claimant having regard to the circumstances of the accident and the medical evidence which substantiated her injuries and disabilities arising from the claim.

Conclusion:-

If you are a passenger involved in a motor vehicle accident which is not your fault, you may be entitled to claim compensation for damages for personal injuries arising from the accident.

In this case our client was a passenger in a motor vehicle in which the driver veered on to the incorrect side of the roadway and collided head on into a semi-trailer causing substantial impact and our client to suffer serious injuries, losses and damage.

After our client had completed her medical treatment from her doctors and specialists and her condition had stabilised, we were able to obtain medical reports from treating doctors and specialists and medico-legal assessments which determine the full extent of her injuries and disabilities arising from the accident.

The insurer was prepared to and agreed to our client’s substantial compensation in damages arising from the accident.

For a free no obligation consultation, please contact our toll free number on 1800 004 878 so that an appointment can be arranged for you to attend our office to protect any legal rights that you may have arising from the motor vehicle accident.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.