Injured Chilliwack woman awarded $219K from distracted driving crashes

Injured Chilliwack woman awarded $219K from distracted driving crashes

Both incidents werecaused by young drivers handling their electronic devices

A Chilliwack woman has been awarded more than $200,000 in damages for suffering two distracted driving crashes in less than two years.

Alexandra Nicole Viola Todoruk of Chilliwack used to enjoy “a physically active life” in her last years of high school where she enjoyed running, skiing and wakeboarding.

But now the 24-year-old Todoruk takes Tylenol daily and suffers headaches most days after she was injured in separate crashes that were both caused by drivers being distracted by their electronic devices.

Todoruk was riding as a passenger in the front seat in both incidents, according to court documents.

In the first crash, the defendant Mark Voronov was changing a song on his iPod on July 14, 2012. He ran a red light, and hit the side of a car in an intersection.

But it was the second once, that had more lasting effects.

Defendant Hayley Jones was speaking on her cell phone on Aug. 15, 2013 as she drove along the Lougheed Highway. Todoruk remembered telling Jones to get off the phone, and that was her last memory as the vehicle in front of them braked suddenly, and they hit it. Both airbags were deployed and the hood crumpled.

Todoruk’s left side hit the console, and she suffered an abrasion to her abdomen.

“She climbed over her friend to exit the vehicle,” according to court documents. “She sat in a state of shock at the accident scene. An ambulance transported her to the hospital on a spinal board.”

Todoruk said she immediately felt pain in her left leg, neck, rib and back. The pain spread to her right shoulder and arm, and then extended to the fingers of her right arm. After a few days she began to feel tension headaches behind her eyes. The headaches were often preceded by a tingling on the right side of her face and pain on the right side of her neck.

READ MORE: First offence will cost $578 for distracted driving

“All of these conditions persist today to various degrees,” B.C. Supreme Court Justice David Crerar said in his ruling Dec. 16. “She suffers headaches most days. These are usually mild but sometimes acute.”

There was no question of liability which had been admitted in both crash incidents. The only question was the amount of damages to be awarded by Justice Crerar.

Of the total $219,000 awarded to Todoruk, her “ loss of future earning” capacity amounted to $120,000 which is $3,000 per year for more than 40 years of employment. There was $80,000 for pain and suffering, and $10,000 for her care in the future.

“That figure is a reasonable reflection of the plaintiff’s limitation in employment prospects, and need for accommodation, due to her injuries, taking into account the limited contingency that her conditions may improve in future,” Justice Crerar said in ruling about the total award. “This figure is if anything conservative given analogous case law concerning female plaintiffs in their mid-20s who suffered chronic soft-tissue injuries to their backs which limited their abilities to sit or lift and who lacked a consistent job history or a clear future earnings trajectory.”

READ MORE: What constitutes distracted driving in B.C.?


@CHWKjourno
jfeinberg@theprogress.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A vehicle incident is blocking the eastbound lanes on Lougheed Highway at Jim Robson Way in Maple Ridge on Monday, Jan. 18, 2020. (Google)
TRAFFIC: Lougheed Highway cleared in Maple Ridge, expect congestion

Earlier, eastbound lanes at Jim Robson Way were closed

The pandemic has sent the price of dogs skyrocketing. A local letter writers asks some questions about having pets. (Black Press Media files)
LETTER: Maple Ridge resident questions people’s views on pets

People owe pets the same love and commitment they show to humans, a letter writer contends

Horse riders are struggling to find parking for their vehicles and trailers in Golden Ears Provincial Park. (Crystal Ireland/Special to The News)
Petition for equestrian parking spaces in Maple Ridge park gets huge response

Horse riders say their parking lots have been overtaken by cars in Golden Ears Provincial Park

The Art Infiniti Hotel caught fire on New Year’s Eve (Dec. 31, 2020) in Maple Ridge. Seven people were evacuated safely. (Barry Brinkman/Special to The News)
LETTER: Headline about Maple Ridge fire victim insensitive

Senior lost everything in Dec. 31 fire and letter writer felt denture reference inappropriate

Maple Ridge released its winter program guide recently. (Special to The News)
City unveils numerous winter programs and activities

Maple Ridge unveils guide that takes into consideration COVID-19

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

BC Emergency Health Services has deployed the Major Incident Response Team (MIRRT) as COVID-19 positive cases rise in the Williams Lake region. (Monica Lamb-Yorski photo - Williams Lake Tribune)
B.C.’s rapid response paramedics deployed to Williams Lake as COVID-19 cases climb

BC Emergency Health Services has sent a Major Incident Rapid Response Team to the lakecity

RCMP were called to the 5600 block of 201A Street just after midnight on Monday were they found a 27-year-old man in an underground parking garage who had sustained multiple shot wounds. (Lisa Farquharson/Langley Advance Times)
27-year-old taken to hospital after overnight targeted shooting in Langley

RCMP have not confirmed the incident is link to the Lower Mainland gang conflict

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

U.S. military units march in front of the Capitol, Monday, Jan. 18, 2021 in Washington, as they rehearse for President-elect Joe Biden’s inauguration ceremony, which will be held at the Capitol on Wednesday. (AP Photo/J. Scott Applewhite)
Biden aims for unifying speech at daunting moment for U.S.

President Donald Trump won’t be there to hear it

Williams Lake physician Dr. Ivan Scrooby and medical graduate student Vionarica Gusti hold up the COSMIC Bubble Helmet. Both are part of the non-profit organization COSMIC Medical which has come together to develop devices for treating patients with COVID-19. (Monica Lamb-Yorski photo - Williams Lake Tribune)
Group of B.C. doctors, engineers developing ‘bubble helmet’ for COVID-19 patients

The helmet could support several patients at once, says the group

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

Most Read