In this post we will base our story* on a real case (RACQ Insurance Ltd v Brennan  QCA 150) on how a female train driver was able to successfully prove the accident lost her a chance at building a better career. Learn the pieces of evidence that were crucial to her claim.
Vicky was a busy 32 year old woman at the beginning of her career as a train driver. She was working for a sugar mill in Proserpine.
She still lived in her hometown of Mackay and loved the life she was creating for herself.
Vicky was close with her family. She adored her mum and her sister, Francine, was like her best friend. She was lucky enough that they both still lived close by.
Vicky was motivated and keen to carve out a prosperous career.
She had hope for the future. She was building a profitable career and was keen to give herself financial stability.
Vicky was in line for her job promotion until…
It was a sunny day in the heart of Mackay CBD and Vicky was out shopping with her mum. As they crossed the road at the zebra crossing outside Subway, a reckless driver in a station wagon hit Vicky and narrowly missed her mum.
Vicky was catapulted some 7-10 meters into the air - landing in a bloody heap on the hot bitumen.
Lucky to be alive, Vicky was rushed to the local hospital with several traumatic injuries to different parts of the body including her:
As a result of the accident, Vicky also developed a significant psychological condition.
She had to take 3 months off work.
Get our FREE checklist and receive:
She was completely reliant on her co-workers to cover most of her work.
She was fortunate to have a sympathetic employer who accommodated her special remedial needs but her dream to work in the mining industry as a train driver was now out of reach.
The government thankfully recognises this and has put in place a Compulsory Third Party (CTP) insurance scheme to compensate people like Vicky who are injured in an accident.
People like Vicky can raise a claim against the insurer of the at-fault driver to replace their lost income and superannuation.
However, as with all CTP claims, Vicky had to prove to the Court that she had lost income and future earnings because of the accident.
The most significant part of Vicky’s claim was the loss incurred to her future career as a train driver.
All Vicky needed to do was provide enough evidence that the court could see she would have been able to pave a successful and profitable career as a train driver.
The evidence that Vicky presented included:
This collection of evidence proved that Vicky had lost income as a result of the accident.
It also confirmed that Vicky’s claims were correct that she could have earned significantly more throughout her career. The evidence from her colleague that secured a job in the mines highlighted that she could have earned up to $2,800 more than what she was earning at the time of the accident.
In total Vicky received $528, 925.26 in compensation.
The insurer felt that the award for Vicky’s future earning as a train driver was grossly excessive.
The insurer argued a sum of $100,000 was appropriate for her lost career considering:
Of course, Vicky’s initial evidence was strong. There was demand for drivers in the mines and references from her employer said she was a highly motivated individual.
This case shows that if you can illustrate to the court you were a capable employee with ambitions to progress further in your career the Court will compensate you for the loss you have incurred.
Get our FREE guide and receive:
Evidence that can be important to prove the likelihood of promotion includes:
Written by Ashley Tulley | Chief Commerical Officer
* The names and narrative have been altered but the facts of the case in regards to payments, liability and the Judge's findings on the evidence are reported as written in the judgement.