AM at the time of a motor-vehicle accident was 3 years of age. She was in the back seat of a car driven by her mother, restrained in a child restraint. In the passenger seat was her then de facto partner. Both the child's mother and the then partner were high on drugs driving at speed upon a highway.
In a way it was fortunate that it was night time and there were no other vehicles in the vicinity.
From the police records, it is alleged that the driver fell sleep at the wheel causing the car to roll no less than 6 times. It was only because of a passer-by following the accident that emergency services were called. Emergency services, when they arrived, identified that there were children in the back seat. AM was immediately taken by helicopter to Auburn Base Hospital.
The mother of the child and her partner were taken to hospital for mandatory drug testing. Immediately after the confirmation that both were under the influence of drugs, the Department of Community Services were immediately called and AM was placed into the care of the biological father.
AM continued to suffer from the physical injuries and psychological injuries for a couple of months. However, she recovered remarkably from the physical injuries. Clinical notes also indicated that the child was actually in a better psychological condition then prior to the motor-vehicle accident because she was living in neglected conditions because her mother and then partner were drug addicts.
Approximately one year following the accident, AM was assessed to have recovered all of her physical injuries and it was confirmed that she was heeling from the psychological trauma inflicted upon her by her mother and was not suffering from any psychological condition as a consequence of the motor-vehicle accident. In short, she was a happy little girl.
Nevertheless, we entered into negotiations with the insurer and the matter resolved so as to clear to AM $7,500.00 to be held with the NSW Trustee and Guardian until she turns 18 years of age.
AM is quite a fortunate young girl in that she was not seriously injured following a very serious motor vehicle accident. It took such a serious motor-vehicle acc