Passenger Injury Claims

When we contemplate the circumstances in which a driver may be liable for injuries to others, the potential accident victims that first come to mind are other vehicle occupants, pedestrians or cyclists.  However, a common ground for personal injury claims resulting from car accidents involves injuries to passengers.   Every driver owes a duty of care to their passengers and if a reckless or careless action results in serious injury or death to a passenger, the driver can be held liable for damages.

In August 2002, Katherine-Paige MacNeil who was 15 at the time of the accident, was catastrophically injured as a passenger in a single car collision.  The accident occurred when the vehicle in which she was a rear passenger went through a stop sign, smashed into a ditch and ended up in a field, off Highway 89 northwest of Toronto.  In MacNeil v. Bryan, 2009, the vehicle owner and her grandson (who was the driver) were found liable for Ms. MacNeil’s injuries in the amount of over $ 18.4 million in damages.  This sum, awarded by Ontario Superior Court, is the highest amount awarded in damages to-date in Canada.

The young woman suffered a skull fracture and traumatic brain injury that will have a devastating and permanent impact on her life and as a result, she will require 24 hour attendant care.  Included in the total amount of damages is about $15 million for future care, rehabilitation and other expenses, as well as $1.3 million for future loss of income.  Most of the burden of care will be assumed by the girl’s parents. In an interview with the Toronto Star, the father of the young woman commented that the money doesn’t bring the family any joy because their daughter will likely never get better. However, the settlement has removed a huge financial burden and stress for the family and further, will allow his daughter will have a secure future.

The significant award of damages in the MacNeil case recognizes the substantial cost of full time care and supervision over a lifetime, particularly when a young person sustains a catastrophic impairment. Commonly, the burden of care is on the parents of severely injured young people, who often sacrifice their time and careers to care for their loved one and facilitate their rehabilitation care needs.

If you or a loved one were injured in a car accident, due to a careless or negligent action by a driver, you are entitled to file a tort claim for compensatory damages.  The magnitude of damages awarded will depend on the severity of injuries and losses that were experienced.  Fortunately, most accident victims are not catastrophically injured, as was Ms. MacNeil, and the damages awarded for lesser injuries, although having a significant impact on the life of an injured person, are intended to be appropriate for the amount of losses sustained.  In Montani v. Matthews, for example, a passenger was injured when her driver lost control of her car on black ice that had formed on a bridge in Kitchener.  The injured passenger was awarded $200,000 in damages, and the driver and Ontario Ministry of Transportation (who was responsible for maintaining the bridge) were found equally negligent in causing the passenger’s injuries.

When someone is seriously injured, they are often unable to work in the same capacity, if at all, during their recovery period, and in some cases there is a permanent impact on the ability to have gainful employment.  As well as past and future loss of income, an injured person may be entitled to medical and rehabilitation expenses, housekeeping and home maintenance expenses, an award for pain and suffering, and out of pocket expenses for family members.   If you would like to find out about your legal rights or wish to have strong representation for your accident claim, call the experienced team at Injury Lawyers of Ontario (ILO).