A Richmond woman who got rear-ended before ICBC’s no-fault insurance regime kicked in will receive almost $300,000 from the driver who hit her car.
Morgan Danielle McWilliams was driving her friend in her mother’s car when she got “struck hard from behind,” by Ronald Hardy.
She jolted forward before she was caught by her seatbelt and “immediately felt sore all over,” including “significant pain in her neck and head,” according to the decision by B.C. Supreme Court judge Bruce Elwood.
“She did not go to the hospital; instead, her friend drove her home,” he wrote.
Immediately after the crash, McWilliams felt pain in her neck and shoulders extending down into the middle of her upper back, lower back pain, pain in her right wrist and knee, as well as “intense, throbbing headaches” that initially happened daily but later decreased to three or four times per week.
The crash took place on Nov. 22, 2018, when McWilliams was 26 years old.
Crash caused chronic pain, psychological disorders
McWilliams told the court that prior to the collision, she was “social and outgoing” and especially enjoyed “hiking, running and walking her dogs” as well as spending time with friends and family.
However, McWilliams has avoided physical activities since the crash and continues to feel the impact of the crash at work and in her daily life.
“At the time of trial - four and a half years after the collision - Ms. McWilliams’ condition remained about the same as it was one year after the collision,” Judge Elwood wrote.
Based on expert evidence, the judge concluded McWilliams developed chronic pain as a result of the collision, as well as psychological disorders including major depression.
The psychological disorders, he said, impaired McWilliams’ physical recovery and “damaged her function and quality of life.”
McWilliams’s headaches remained and her neck and back still felt tense and sore, making it difficult for her to move in certain directions.
She also has occasional flareups, causing “shooting pain” and she feels pain and discomfort if she sits, stands or walks for extended factor.
Her work as a teacher is also impacted as bending over aggravates her lower back pain, her right wrist hurts when she lifts heavy objects and “her headaches and low energy made lesson planning a challenge,” Elwood explained.
McWilliams also suffered mentally from the crash, which compounded her existing mental health issues. Her driving anxiety began immediately after the crash, causing her to change jobs to somewhere closer to home.
In 2021, McWilliams’ driving anxiety got worse and was a “significant factor” in her decision to seek out teaching jobs overseas rather than working in the Lower Mainland.
She continues to avoid driving whenever possible and is less social.
Victim failed to mitigate her loss: Driver
After hearing from experts, Judge Elwood decided there is a low likelihood for McWilliams to completely recover from her current chronic pain condition despite the possibility of therapies improving her level of functioning and quality of life.
The driver, Hardy, asked the court to reduce the amount of damages McWilliams is entitled to because she failed to mitigate her loss by continuing treatment after the collision.
“(Hardy) relies on the evidence that Ms. McWilliams discontinued physiotherapy in March 2019, and did not resume physiotherapy or try massage until 2021,” said Judge Elwood.
“He also notes that she has not been attending treatment clinics while she has been living abroad.”
Judge Elwood rejected Hardy’s submissions, determining that there is no “real and substantial possibility” that more physiotherapy or massage would have helped McWilliams avoid her current condition.
Hardy also claimed McWilliams neglected her mental health following the collision, which was also shot down by Judge Elwood.
However, he did agree that McWilliams had failed to make reasonable efforts to find better-paying employment when she chose to work in Somaliland and Bahrain instead of the Lower Mainland.
”I am not persuaded that living at home in Richmond, and driving to three school districts, or living on campus in Somaliland and being paid $5,000 a year, were the only reasonable alternatives open to her,” he wrote.
He ultimately awarded McWilliams $127,500 in non-pecuniary damages, $3,109 for past wage loss, $148,808 for loss of future income earning capacity, $13,000 for cost of future care and $1,158.64 in special damages.
