A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach. In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided near a curve in the road at Violin Lake, near Trail, B.C.
In finding the ATV driver 100% at fault the Court found the ATV driver was driving his ATV too quickly and crossed the centre of the road into the oncoming side around a blind corner. If the claimant’s decision to turn contributed to his injuries, he acted in the “agony of the moment”.(Bye v. Newman,2017 BCSC 1718)
The claimant was was left with a number of serious injuries including a fracture to his neck, multiple fractures to his legs and a through-knee amputation of much of his left leg.
The claimant was 35 years old at trial and 31 at the time of the accident. He was an active man who enjoyed various recreational pursuits. He had been employed as a carpenter commencing and loved his job which paid him handsomely.
These injuries changed his life dramatically forever. He now suffers from daily pain and fatigue as a result of the amputation and is permanently disabled from returning to carpentry work and to many of his recreational activities. Before the accident, he enjoyed dirt biking, boating, hunting, fishing, hiking, and swimming, and his injuries have either cut off, or severely limited his enjoyment of these.
The personal injury award is summarized as follows:
|1)||Pain and Suffering:||$220,000.00|
|2)||Past income loss:||$218,640.00|
|3)||Future income loss:||$1,200,000.00|
|4)||Cost of future care:||$1,100,000.00|
|5)||Loss of housekeeping capacity:||$125,000.00|
|6)||Out of pocket expenses:||$81,557.61|
|7)||Health care costs:||$101,058.13|
Total damages were $3,046,255.74
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.