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Woman files tort claim after serious car crash leaves her injured

After suffering serious injuries in a car crash, no amount of justice can truly compensate for pain and suffering inflicted by a negligent driver. That is why many victims choose to file a tort claim, especially after the conviction of the offending motorist. An Ontario woman returned to court days after a trial saw the man who hurt her in an accident sentenced to 18 months in prison to file a claim for the damage he inflicted.

The accident took place in Nov. 2014. The victim was a passenger in her mother's car when an SUV travelling in the opposite direction crossed over into the wrong lanes. In the resulting collision, she suffered a broken right tibia, a fractured left knee and damage to her knee joints. 

During the trial it was revealed the driver had only a G2 licence, and yet had an estimated .0035 to .004 blood alcohol level. Holders of G2 licences in Ontario are not permitted to have any alcohol in their systems when driving. Tests also showed he had marijuana, cocaine and fentanyl in his system. He was driving 20 km/h over the speed limit at the time of the accident, and the vehicle, which belonged to his mother, had faulty brakes and non-functioning wipers. He also reportedly asked a bystander to hold on to a bag of marijuana for him after the accident.

The victim is suing both the boy and his mother on behalf of herself, her husband and her daughter. She is claiming lost wages, both now and in the future, as well as loss of competitive advantage and a diminished ability to perform household maintenance chores. She is seeking $3.4 million.

The driver's mother is denying all the allegations made in the suit. In light of the conviction of the driver, however, the outcome of the tort claim may not go in her favour. If you, a friend or a family member are victims of someone's negligence and suffering from injuries and losses, it makes sense to contact a personal injury attorney to learn what steps should be taken to protect one's legal rights.

Source: thesudburystar.com, "Survivor of 2014 crash on MR 80 suing for $3.4M", Harold Carmichael, April 17, 2017

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