Real Life

The child the law forgot

Layton Smith and his dad Troy Smith have been involved in a long legal battle over who is to blame for Layton’s injuries caused in a car crash when he was two. Picture: Tim Hunter.

THE Smith family were driving home in their station wagon when, out of nowhere, a Toyota van came flying through the air towards them.

It ploughed into the driver’s side of their Mitsubishi but that wasn’t the worst part. The worst part was that the impact pushed the car into the path of a Kenworth prime mover which slammed into the rear right hand side of the station wagon. And that was where their two year old son was sitting.

Layton Smith suffered the most horrific injuries that day and yet the van driver’s insurance company NRMA has never been forced to pay out a cent because of a bizarre legal loophole. Even though the van was swerving out of control, mounted a median strip, became airborne and landed in oncoming traffic, the van’s driver was not legally at fault.

And the reason he was not at f…

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