Teenager sues for $1.5m after head-on collision
TEENAGER Telia Facer was asleep in the passenger seat of a Holden Vectra when it veered across the road and slammed into a Commodore in a head-on collision.
Ms Facer was 16 at the time of the accident, now the 19-year-old from Zilzie is suing the driver, Hayden Anthony Darryl Earl and his insurance company RACQ Insurance Limited, for almost $1.5 million.
The pair were travelling east in a Holden Vectra sedan on Limestone Creek Rd, Yeppoon, on February 6, 2017 at 11am.
A red Holden VN Commodore sedan was travelling in a westerly direction when about 500 metres from the intersection of Limestone Creek Rd and Neils Rd, Yeppoon, the Vectra veered into the path of the Commodore, resulting in a head-on collision.
As a result, it is alleged Ms Facer suffered forehead laceration with scarring, collarbone fracture, plates, screws and wire in her elbow, plates and screws in her forearm, fractures in her wrist, hand, neck, head and spine, wire in her hand, chest injury with fractured ribs, knee injury with possible dislocation, lacerations on her shin and scarring on her upper limbs.
According to court documents she now suffers psychiatric trauma and continues to endure pain, suffering a loss of quality of life and her enjoyment of life has diminished.
It is claimed she has required and will continue to require medical treatment and care and assistance.
Documents to sue were filed in the Supreme Court in Rockhampton on October 8 by Hayley Suthers-Crowhurst of Maurice Blackburn Lawyers.
Maurice Blackburn Lawyers Rockhampton principal Megan Rothery told The Morning Bulletin "Telia is a young woman very much at the start of her adult life who, through no fault of her own, is now having to rethink her future".
"The injuries sustained by Telia were extensive, and as a result she'll require medical care and assistance throughout her life for the physical as well as well as the psychological injuries she has sustained from the accident," she said.
According to the documents filed, the collision was caused by Mr Earl's negilience by "driving without due care and attention, veering into the path of the Commodore, failing to remain on the correct side of the road and colliding with the Commodore".
The documents state RACQ admitted liability for the circumstances of the collision on March 4, 2019.
On account of her injuries, Ms Facer is suing for $1,454,741 million.
Of this $65,450 is for pain and suffering and $6,419.55 for special damages.
At the time of the accident Ms Facer was a year 11 student and working part-time as a waitress.
The claim states she was not a very keen student and was likely to have left school for a different career path shortly after the collision.
She has since gained employment as a waitress but is restricted to light lifting, working part-time and on many occasions has been unable to work her shifts due to an exacerbation in pain levels.
For economic loss, it is claimed she is owed $42,663 and $4,052.99 for loss in superannuation.
The documents claim she may have pursued a career as a hairdresser or beauty technician so for future economic loss, she is claiming $710,745 and $83,796.84 for future loss of super.
For past gratuitous care a sum of $63,805 is claimed and $360,150 for future care.
Future expenses include edical, pharmaceutical, travel, psychological, aid and equipment and financial assistance amounting to an estimated $118,659.12.
"Telia's claim is significant, in large part this reflects her ongoing care costs as well as future economic loss resulting from her injuries," Ms Rothery said.
"Our community continues to see the devastation of accidents on its roads with horrific incidents like Telia's on an almost daily basis in our region.
"As a road safety advocate and someone who assists the victims and families of the victims of serious road traffic accidents, I see the long term impacts it has on an individual's life but also that of their loved ones and the community as a whole."
A notice of intention to defend was filed on November 6 along with an offer to settle.