Baby Suffers Brain Injury in Accident, Settlement Reached

Vancouver, BCA brain injury lawsuit has been settled in Canada. And while the settlement will not bring back those whose lives were lost, or the brain function of a child who suffered a traumatic brain injury, the settlement will nonetheless bring some closure to an event as horrific, as it was tragic.

It was in 2007 that wedding celebrations were being observed in two homes located in Abbotsford, British Columbia. The homes were linked by an unlit rural road that lacked sidewalks. According to the March 18 issue of the Vancouver Sun, at one point in the evening a group of some 30 individuals left one house and walked along the unlit road, in the dark, to the other address. A vehicle with illuminated 4-way lights was assigned to accompany the walkers, lighting their way and alerting other traffic on the road as to their presence.

The group arrived at their destination safely. However, on their return walk at about 11:00 pm on the night of August 24, 2007, there was a hiccup in the procession. The vehicle assigned to accompany the walkers was delayed in the process of picking up passengers. The walkers struck out ahead, on their own.

It was then that a pickup truck came upon the group in the darkness and, unable to stop in time, plowed into the revelers.

Six pedestrians were killed. Nineteen were injured. Among the injured was a seven-month-old baby who was thrown from the arms of the child's father upon impact and sustained a traumatic brain injury.

The driver of the pickup truck was not charged. He had just delivered a load of berries to a cannery and was returning home when the accident happened. However, the owners of the truck, together with the owners of the two homes involved in the festivities, were sued.

An out-of-court settlement—the terms of which were not disclosed—was reached with the involvement of the former chief justice of the BC Supreme Court. Bound by a confidentiality agreement, a brain injury lawyer representing the plaintiffs described the settlement as "a substantial sum." Part of the settlement will help to provide care for the infant who was injured in the brain injury accident.