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$XY compensation for breadwinner injured in collision with kangaroo near Darwin
Lawyers win $XY for a 45-year old man who suffered multiple fractures when his car collided with a kangaroo
Injuries: Multiple fractures
The plaintiff was driving his car near Darwin during the twilight hours of early evening when his car hit a kangaroo that had run into the road. The car rolled several times and came to rest upside down in a field next to the road.
The plaintiff was alive, but unconscious, when discovered by a passing vehicle which stopped to give assistance. He was rushed to the hospital and into theatre to relieve bleeding on the brain and was put in an induced coma for 20 days to assist the recovery process. He had to undergo multiple surgeries for fractures to his upper left leg, ankle and left foot, right arm and wrist, ribs and left forearm. After surgery, he was on crutches for six weeks and had to have extensive therapy and physiotherapy to aid the recovery process.
The plaintiff’s sole source of income as the breadwinner for a family of four was seriously impacted as he was out of work for three months following the accident. Although he is likely to return to work as a farm manager, his injuries are likely to affect his ability to carry out some tasks involving climbing, riding or physical exertion.
Final Compensation Settlement
The plaintiff’s lawyers argued that the local municipality was culpable and should have erected more signs alerting motorists to the risk of kangaroos due to the high number of motor accidents caused by these animals on this stretch of road. The defendant’s lawyers countered that the number of kangaroo-caused crashes was not disproportionately higher than anywhere else in the Territory and it was unreasonable to assume that additional signs could have prevented the accident. The matter was settled out of court.