Several dozen passengers injured when a tour bus flipped into a ditch on the Coquihalla Highway near Merritt are suing B.C.’s transportation ministry and others for damages.
The individual lawsuits have been filed in B.C. Supreme Court by passengers in the August 2014 crash that left all 56 people aboard the bus with varying injuries.
The bus, which was returning to Vancouver from a tour of the Rocky Mountains with people from Canada, mainland China, Hong Kong, Taiwan and the United States, crashed into the ditch south of Merritt, ejecting multiple passengers.
The lawsuits allege that the collision occurred when the driver of the bus lost control of the vehicle due to the slippery road conditions on the highway.
“Further or in the alternative, the collision occurred when the driver of the bus lost control of the bus due to inadequately marked pavement and/or poorly designed road.”
A girl who was 15 years old at the time of the collision says in her lawsuit that she suffered head injuries as well as neck, shoulder, back and chest injuries in the collision.
“The plaintiff will be more susceptible to future injury and degenerative changes because of her injuries,” says her lawsuit, which is seeking unspecified special and general damages.
Named as defendants in the lawsuits are the transportation ministry, VSA Highway Maintenance Ltd., which provides maintenance on the highway, the City of Merritt and a company only identified as ABC company,
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Towing company employees in Kelowna prepare to move a tour bus that rolled over and crashed on the Coquihalla Highway near Merritt in August 2014.
The suits claim that the defendants owed a duty of care to the plaintiffs to ensure that the highway was designed and maintained to a standard that would make it reasonably safe and that the collision was caused or contributed to by their negligence.
Particulars of the alleged negligence include a failure to properly design, construct, mark, inspect or maintain the highway and a failure to conduct or reasonably conduct regular inspections of the highway.
No responses have yet been filed to the lawsuit which contains allegations that have not been tested in court.
“Our hearts go out to the family and friends of the passengers injured in this bus crash,” said an e-mail statement from the transportation ministry. “We are aware of the action before the courts related to this incident. As such, the ministry cannot provide further comment at this time.”
Shawn Boven, chief administrative officer of the City of Merritt, said the area where the crashed occurred is a good half hour outside of the city, so the city cannot be held responsible.
“Our maintenance doesn’t go outside the city at all. Merritt is fairly small.”
In September 2014, the transportation ministry said the crash was most likely caused by driver error after RCMP ruled out speed as a cause of the collision. Transportation Minister Todd Stone told a local radio station that mechanical failure had also been eliminated as a factor following an inspection of the bus and that driver fatigue potentially led to the crash.
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