The court acknowledged the extensive and lasting changes inflicted on the victim's lifestyle
The BC Supreme Court has awarded damages to Amy Danks, a rear-end collision victim involving three vehicles, establishing full liability on Ming Zhang, the driver responsible for initiating the collision.
The court noted in Danks v Middelveen, 2024 BCSC 174 that Amy Danks was a vibrant individual known for her athletic competence and role in establishing a successful childcare business before the accident. The collision, however, marked a significant turning point in her life. Sustaining severe injuries, Danks was plunged into a relentless struggle with chronic pain, a battle that extended beyond physical affliction to encompass substantial psychological trauma. This suite of challenges translated into daily headaches, pervasive pain, and a profound impact on her mental health, consequently affecting her social interactions, familial relationships, and professional aspirations.
The court analyzed the evidence presented, placing significant emphasis on the circumstances surrounding the accident and its aftermath on Danks’s life. Despite conflicting accounts, the court found that the evidence strongly supported the conclusion that Zhang's vehicle, moving at a high speed, failed to adequately stop, culminating in a collision of considerable force.
The judgment detailed the many challenges Danks faced after the accident. Once a figure of health and ambition, she navigated a new reality marred by limitations. The chronic pain and psychological distress she endured significantly eroded her quality of life, affecting her ability to engage in daily activities, maintain social relationships, and pursue professional goals with the same vigour as before.
In rendering the decision to award damages, the court acknowledged the extensive and lasting changes inflicted on Danks’s lifestyle and capabilities. The court noted the far-reaching consequences of the accident on her life, awarding compensation for non-pecuniary damages, loss of earning capacity, and cost of future care.
Ultimately, the BC Supreme Court awarded Amy Danks damages for injuries sustained in the three-car rear-end collision, with Ming Zhang being found fully liable.
