Herold family sues over bus crash
REGINA Just days after RCMP announced criminal charges in the Humboldt Broncos bus crash, the estate and parents of one of the players killed are suing the semi driver charged, the trucking company and the manufacturer of the bus.
According to a statement of claim filed at Regina Court of Queen’s Bench on Monday, Russell and Raelene Herold, and the estate of Adam Herold, are seeking an unspecified amount in damages, expenses, costs and interest. They are also looking for a variety of “declaratory orders” including:
That the intersection in question be found “unsafe to drive on as it is currently designed and maintained;”
That the sight lines at the intersection are unsafe for northbound traffic;
That coach buses carrying sports teams in Saskatchewan be equipped with shoulder harness seatbelts and other safety devices, such as early warning devices;
That the roof of the bus was not designed or manufactured to ensure it stayed in place in an accident;
And that all semi drivers pass “strict safety tests” before being allow to haul “Super B Trailers” in Saskatchewan.
The claim is also asking the court to find The Automobile Accident Insurance Act and the Fatal Accidents Act are “antiquated” and don’t adequately address compensation for victims and their families.
Statements of claim contain details not proven in court. Statements of defence have not yet been filed.
Named as defendants are the man identified as the semi driver, Jaskirat Singh Sidhu; Albertabased Adesh Deol Trucking Ltd.; and the so-far unidentified manufacturer of the bus that carried the Broncos and others associated with the team on April 6.
The Herolds claim negligence on the part of all three, and intentional infliction of emotional suffering by Singh (referred to by RCMP by the last name Sidhu) and the trucking company.
“The emotional distress suffered by the Plaintiffs as a result of the actions and/or omissions of Singh and Adesh are severe, intense, of long duration and has physically manifested itself in a manner that Russell and Raelene are not as productive and they suffer anger, guilt, loneliness, sadness, worry and anxiety that is manifesting itself to be physically and mentally unhealthy for each parent,” they state.
The claim sets out details of the crash, which occurred at about 4:30 p.m. at the intersection of highways 35 and 335, known as Armley Corner — said to be bordered by a long stand of trees and brush.
The Herolds claim sight lines for northbound traffic on Highway 35 “are not sufficient to allow the drivers to see the traffic approaching the intersection from highway 335” and, contrary to provincial rules and regulations, don’t allow drivers on Highway 35 “to take evasive action if required.”
The claim notes the presence of a stop sign and flashing red lights for westbound traffic on Highway 335, and that the 100 km/h speed limit on that highway drops to 60 km/ h near Armley Corner.
“There have been many accidents including fatal accidents at the Armley Corner intersection in the past,” the Herolds state.
They allege Singh was “not sufficiently skilled or trained to operate the Semi” and that he “intentionally, recklessly and/or negligently” drove through the intersection without regard for the lights and sign. The Herolds claim he’d been driving with the company just two weeks, and had received the same amount of time in training.
The claim states the bus hit the semi, causing rapid deceleration, the roof to come off and the bus to overturn, ejecting those inside.
“The Bus carrying the Humboldt Broncos was not equipped with early warning safety devices or shoulder harness seatbelts and its roof was not designed or manufactured to withstand the impact created by the collision between the Bus and the Semi,” the Herolds claim.
Sixteen deaths resulted, and 13 others were injured. Herold was the youngest member of the team. He was just days away from celebrating his 17th birthday.