Family of Rachel Turner sues school bus driver and company involved in fatal collision for $9.5 million
By ALAN SHACKLETON
The family of Rachel Turner is suing the school bus driver and the school bus company involved in the fatal collision that took the 22-year-old Beach woman’s life in October of last year.
The lawsuit was filed in Ontario Superior Court on Thursday, Jan. 23, and is seeking damages of $9.5 million on behalf of Rachel’s parents, siblings and grandparents.
On Jan. 23, Toronto police announced that the 60-year-old male school bus driver had been charged with dangerous driving causing death under the Criminal Code of Canada, and Careless Driving Causing Death under the Highway Traffic Act. Those charges have yet to be heard in court.
Rachel Turner, 22, was walking west and crossing Kingswood Road on the north side of Kingston Road when she was struck by the driver of a school bus making a left turn at approximately 4 p.m. on Wednesday, Oct. 9, 2024, police alleged.
The school bus was turning left from the eastbound lanes of Kingston Road to head north on Kingswood Road. The driver of the school bus remained at the scene, police said. Turner was rushed to hospital in life-threatening condition and succumbed to her injuries on Oct. 13.
In an interview with Beach Metro Community News earlier this week, lawyer Michael Smitiuch of Smitiuch Injury Law (who is representing the Turner family) said the lawsuit was about accountability and answers surrounding the issue of school bus safety in Canada, and also to address the pain and suffering of the Turner family.
“This has been an enormous loss for the Turner family and will cause significant harm to them,” he said of Rachel’s death. “Counselling is needed and there’s also significant loss of income. A very significant loss has been caused to them…They have suffered significant harm and losses.”
“This is to seek accountability and answers and to gain justice for Rachel,” added Smitiuch.
The Statement of Claim in the lawsuit against the bus driver and his employer First Canada ULC (the school bus company) alleges negligence on the part of the driver regarding his operation of the school bus and on the part of the company regarding its training of drivers and the lack of safety features on the school bus.
One of the lawsuit’s allegations is that the company “failed to incorporate recommendations made by safety experts, task forces and others, including recommendations made by Transport Canada.”
The allegations in the lawsuit have yet to be tested in court.
In an email statement to the Canadian Press, Brenna Rudisill, a spokesperson for First Student Inc., said the company extends its “deepest sympathies to those affected by this tragic incident” and is co-operating with the police investigation. The company is aware of the lawsuit and is reviewing the Statement of Claim, she said in her statement. She declined to comment further since the investigation is ongoing and that it is now a court case.
In a news conference in front their Beach home in November of last year, Rachel Turner’s parents and her boyfriend spoke about the need to improve school bus safety measures. Also at the news conference was Smitiuch who said that between June and November of 2024, three pedestrians including Rachel had died as a result of being struck by a school bus.
On June 19 of last year, a six-year-old boy died after being struck by the driver of school bus in Vaughan. And less than a month after Turner’s death, an 84-year-old woman died after being struck by a school bus in Richmond Hill on Nov. 5, 2024.
Smitiuch said at the news conference that a 2019 Federal Task Force on School Bus Safety made a number of recommendations to increase the safety of the vehicles. On the issue of making school buses safer for pedestrians, the task force recommended the installation of exterior 360-degree camera systems and automatic emergency braking systems (AEB) operated by sensors. So far, the exterior camera and braking systems have not been made mandatory in school buses.
One of the aims of the lawsuit is to bring about the change necessary to make such school bus safety features mandatory, said Smitiuch in this week’s interview with Beach Metro Community News.
“We are hoping to make changes through the civil process. The government needs to legislate this up and to get better equipment and training. But the bus companies don’t have to wait for the government, they could implement these changes now,” he said
“It’s hoped the exposure that this matter brings will make them see the benefits of operating in a safe manner and that they will know there is a cost benefit…Through the exposure they will try to improve their behaviour,” added Smitiuch.
Regarding either the federal or provincial government mandating increased safety features on school buses, Smitiuch said no representatives from either level of government have approached the Turner family on the issue.
“No one’s taking up the cause,” he said.
