Over $2.4M Settlement for Father of Three

On 5 January 2015, a father and his three children were on a road trip when they had become involved in a horror motor vehicle accident on the Brisbane Gateway Motorway.

A four-wheel-drive collided into the family’s Kia Carnival and as a result, five people were taken to the hospital according to an ambulance spokesman.

While Mr. Allen’s three children, aged 12, 10 and 2, were all sent to the hospital with critical, stabled and minor injuries respectively, their father suffered the most as he ensured the brunt of the crash was away form his children.

Some of the injuries he suffered include:

  • Chronic PTSD, co-morbid adjustment disorder, anxiety and depressed mood;
  • Fracture/dislocation of left hip and fracture of the left hip… requiring reconstructive surgery;
  • Sight and hearing impairment;
  • Traumatic brain injury.

Before the incident, Mr. Allen was an associate director of workplace health and safety at James Cook University Townsville (JCU) and earnt approximately $1,660.00 net per week.

Damages Summary are as follows:

DamagesAmount (AUD$)
General Damages – ISV of 44109,640,00
Past economic loss515,957,20
Interest on past economic loss17,245,69
Past loss of superannuation57,025.39
Future economic loss959,040.00
Future loss of superannuation108,659.23
Alternative accommodation – home at the time was considered unsuitable to live in45,682.00
Interest on alternative accommodation330.18
Future rental expenses 18,200.00
Future home modifications10,000.00
Future medical expenses77,014.00
Future surgery53,100.00
Future medications43,000.00
Future aids60,000.00
Special Damages55,000.00
Interest900.00
Past care143,052.00
Future care225,554.00
Total$2,499,399.69

References:

9News. (2015, January 6). “Family trapped, five in hospital after Brisbane car crash”. https://www.9news.com.au/national/children-injured-in-boondall-crash/42ca9fd0-7951-434f-9afd-3c008e04fe17

Allen v O’Donnell & Anor [2021] QSC 63. https://www.queenslandjudgments.com.au/caselaw/qsc/2021/63

Bochenski, N. (2015, January 6.) Brisbane traffic: Boondall crash injures three children – Brisbane Times. https://www.brisbanetimes.com.au/national/queensland/brisbane-traffic-boondall-crash-injures-three-children-20150106-12ium8.html

Vonow, B. (2015, January 15) Man involved in Gateway Motorway smash wants to find good Samaritans to thank them – Courier Mail. https://www.couriermail.com.au/news/queensland/man-involved-in-gateway-motorway-smash-wants-to-find-good-samaritans-to-thank-them/news-story/b1de2b9ff892f100eb4e12f80381425d