The mother of a fatal crash victim is suing the truck driver who killed her four-year-old son for personal injury, court documents have revealed.
Blake Corney was on his way to Toys R Us on July 28, 2018, when his life was tragically cut short at a set of Monaro Highway traffic lights.
Akis Emmanouel Livas, the killer driver now aged in his 60s, would be handed a more than three-year jail sentence for culpable driving causing death after admitting he "blacked out" at the wheel.
He knew for years he likely suffered from sleep apnoea.
Blake's stationary family car was rear-ended at an estimated 70kmh, and sitting in the backseat, he died instantly.
His mother, Camille Jago, was a passenger of that car. Years after her son's avoidable death, she is now suing Livas and NRMA Insurance, his insurer.
According to a statement of claim filed in the ACT Supreme Court last year, Ms Jago is claiming she suffered 42 different kinds of injuries and disabilities as a result of the crash.
The list includes physical, emotional, psychological, social and professional injuries suffered.
The document names numerous particulars of Livas' negligence, including failing to acknowledge his relevant prior medical history, to maintain proper attention while driving, and to apply the brakes when necessary.
Ms Jago is claiming past and future economic loss as a result of the crash.
She cites needing approximately 10 months of leave from her job due to accident-related injuries and returning to work at reduced hours.
She also claims having to pay tens of thousands of dollars in out of pocket medical costs.
The NRMA was at all material times Livas' third party insurer, the documents state.
According to the statement of claim, the insurer admitted Livas had breached the duty of care owed to Ms Jago in a June 2020 letter.
Following a coronial inquest into Blake's death, Chief Coroner Lorraine Walker said mandatory health checks and reporting for drivers, along with better safety technology, could have saved the boy's life.
Last year, ACT Transport Minister Chris Steel said it would take 12 months to establish a mandatory reporting scheme for doctors to flag if truck drivers are potentially unfit to drive.
The territory government passed amendments to the ACT's road safety laws last June and established the scheme as a result of inquest recommendations.
Livas, a convicted rapist, had twice been referred to a sleep laboratory in the years before the fatal collision with suspected sleep apnoea but failed to act on those referrals.
The civil case is set to be heard in court in July.
