Every day in urban centres, you see them… Those people who drive like they got their licence from a bubble-gum machine. You don’t know whether to laugh or cry. It’s stressful, even if the rest of your day isn’t necessarily. The drive to and from anywhere these days is fraught with dangers. People cutting in front of oncoming traffic, through an intersection because they run their own red light, turning right at the corner. Or the classic, hanging in the intersection, waiting to turn left when the light turns yellow. Let’s not even mention texting while driving. Those laws are changing (thankfully) to address the increasing dangers those violators expose the rest of the conscientious drivers to.
Back in 2009, the highest, personal-injury award in Canada was given to a 20-year old, grade 12 student. Robert Marcoccia was driving his Honda Civic, and collided with a furniture truck, turning left at Rexdale and Humberwood boulevards, an intersection in Toronto. The truck was driven by Bhupinder Singh Gill, for his employer, Purba Furniture, and leased from Ford Credit Canada Limited. All three parties were found liable by a jury.
The victim, Robert Marcoccia suffered severe brain injuries, causing permanent impairment of many of his physical, mental, and psychological functions. The degree of his injuries determined the breakdown of what amounted to $16.9 million. The jury decided almost $14 million was for his future care alone. The rest of the award was split between future loss of income, future corporate guardian costs, future legal fees, and general damages.
It’s a devastating reality for an occurrence that happens everywhere, all too frequently. It’s a split-second decision with the most horrific consequences, short of causing death. The issue of fault was assessed in that case as well. In fact, Robert Marcoccia was found by the jury to be at fault, 39% and the balance of fault, 61% with Bhupinder Singh Gill.
While $16.9 million sounds like an incredible amount of money that many Canadians cannot relate to, what is the real cost of Robert Marcoccia’s life as he’ll know it from then on? A life-time sentence of rehabilitation, medication, side effects – both from the injuries sustained, and the medications to control the physiological damage. Caretakers, lost-life experiences, opportunities, and devastated general wellness.
Don’t forget the families. Tragedy from civil or criminal circumstances never effect only one or two people. The suffering will extend, reaching family and friends of all of the parties involved. One split-second decision, made in haste, forever changing trajectory into reality of regret.
The law firm of Paciocco & Mellow aims to help provide you with Peace of Mind at a Difficult Time. Contact the Windsor personal injury lawyers at Paciocco & Mellow at (519) 915-SORE (7673). We can provide you with a free, no obligation initial consultation.