news

This new mother's life changed in an instant. Never to be the same again.

What happened to Emma de Silva makes you realise how fragile life can be. Finally there is some hope, and justice for this brave mother.

For Emma de Silva life changed in an instant. One moment she was walking her 19-day-old daughter Eloise, the next an incomprehensible accident.

Emma and her baby, Eloise.

It was 2011 and the first time she had taken her baby out -she had planned to walk just one kilometer to a nearby park. She was anxious as all new mothers are, those first few weeks a jumble of nerves and a fog of beginnings, but the anxieties of new motherhood could never have anticipated what was about to happen.

Emma and her then-husband Peter had struggled for several years to fall pregnant with Eloise, and now she was born they were adjusting with the daily routine of life with a newborn baby.

Emma and her husband Peter.

Emma took their dog, Pierre and bundled up her baby in her pram for a walk in the Sydney suburb of St Peters.

Moments later her life came tumbling down, not more than 300 metres from her home an out-of-control Lexus sedan swerved on to the footpath and careered into Emma and her baby daughter.

The life of this young mother and school teacher never to be the same again.

Emma survived the crash. Just.

The pram saved her daughter but the 19-day old suffered a broken shoulder and a minor head injury.

Emma was critical.

Emma before the accident.

For eight weeks she was in a coma, her family on knife-edge. Doctors said at the time they did not know what injuries she had received, but that they would be life changing.

ADVERTISEMENT

Slowly Emma came out of her coma. She spent nearly a year learning to walk and talk again.

She managed to learn to care for her baby daughter, helping feed her and change her when Eloise was brought to her at the rehabilitation centre that was her home for 12 months.

Emma now has significant cognitive delays, and trouble with her speech.  She walks with a frame and is cared for by her parents after the breakdown of her marriage that took place shortly after her release from hospital.

Emma leaves court yesterday ( Nine News)

Yesterday, however, four years on, there was a small form of justice for Emma with an out-of-court settlement reached with the insurance company of the driver of the car who hit her.

The man who crashed into Emma, Bryce Wayland — aged 26 at the time — was found guilty of negligent driving and issued 50 hours of community service.

On his sentencing Emma’s father Keith said, “I think it’s disgraceful. Our lives are completely shattered and what he has got is probably less than you would normally get for being caught speeding.”

The Downing Centre Local Court accepted his evidence that the accelerator pedal in the car became caught under a floor-mat and jammed.

Yesterday Emma’s father, Keith Freedman who was restricted by revealing the full amount of the compensation by a confidentiality clause said it “was what we were hoping for”.

Emma and Eloise now ( Source: Facebook)

In their fight for compensation Emma and her family maintained she should be compensated for the loss of 31% of her ex-husband’s estimated lifetime income and a career that now will never occur. Emma had planned on studying her masters and hoped to be a school principal.

ADVERTISEMENT

She now requires 24-hour care.

For Emma’s family the compensation gives them hope.

“The first thing we hope to do is to get her sorted out and in a house,” he said.

“Hopefully she’ll be able to live reasonably without too much problems.”

And hope she can continue to spend time with her daughter and develop their loving relationship.

Sadly for Emma her marriage breakdown has caused the time spent with her daughter to be cut substantially.

When she first moved in with her parents her father said

“The saddest part is she came here thinking she was going to go home to her husband and baby … it’s hard for us, but it’s much, much harder for her,” he told News Limited.

Eloise turns four this month. Emma told Nine News that her daughter is amazing.

For Emma’s father the memory of what could have been remains.

“Emma was at the height of happiness,” he said

“She had just had a baby, she had a husband she adored and they had just renovated their house in St Peters and everything was perfect for her … It lasted exactly 19 days.”

You can follow Emma’s journey at the Emma de Silva Foundation.

 

00:00 / ???