Traffic Accident Liability Apportionment and Damages Calculation for Head Injury

In an appeal concerning compensation following a severe head and brain injury sustained in a traffic accident caused by the defendant driver crossing the center line, the court upheld a 10% reduction in liability due to the injured party's proven failure to wear a seatbelt, affirming that this self-fault contributed to the severity of the head/neck injuries while rejecting a greater reduction. The court meticulously recalculated past and future loss of earnings based on the likelihood of the claimant advancing to a technician role, determined that no direct loss resulted from the loss of future pension entitlements, awarded damages for past and future care/support needs (including a monthly indexable pension), awarded a reduced sum for non-pecuniary damages, and largely confirmed the first-instance assessment of various other cost components, ultimately ordering the defendants to pay damages totaling over one million, plus a significant care pension starting from a revised date.