We have led many landmark cases in QLD that have changed legal precedent. We had the privilege to represent Senior Constable David Caffrey who was referred to Sciaccas Lawyers by the Queensland Police Union.
David suffered a significant psychiatric injury after attending a fatal road crash.
David was the first responder to a single vehicle accident where the driver, who was speeding and affected by intoxicants, had crashed into a tree. The driver was critically injured and David provided first aid and comfort. David also attempted to reassure the driver’s parents, who happened to arrive at the scene. Once paramedics arrived and cut the driver from the wreck, they advised David the man was going to die. David explained this to the driver’s parents and invited them to say goodbye to their son.
David remained at the scene throughout the man’s passing and completed his work. The accident had a significant affect on David’s mental health. He suffered from post-traumatic stress and was medically retired. Sciaccas brought a claim against the CTP insurer of the at fault vehicle.
Issues
Mr Caffrey sued insurer AAI for damages alleging that, as a result of the driver’s negligent driving, he had suffered these devastating psychiatric injuries. It was clear the driver had been negligent as he had been driving at an excessive speed while intoxicated by methamphetamine, amphetamine and marijuana, so that was not the dispute. The main issue at the trial and in the appeal was whether the driver owed Mr Caffrey a duty of care to avoid causing him the harm that he had suffered by attending the scene of the crash as part of his duties as a Queensland police officer.
Findings
The court ultimately determined that the driver owed Mr Caffrey a duty of care and he was awarded $1,092,948.
If you’ve been injured, contact Sciaccas Lawyers, so that we can advise you on your rights and prospects of successfully pursuing a claim. We always recommend that you contact us as soon as possible so that we can ensure your interests are protected and you do not miss any time limits. Feel free to contact us today on 1800 658 525.