Bus-train crash lawsuits pay out $3.2M so far

Eighteen lawsuits out of 39 have been settled so far in relation to the 2013 fatal crash between an OC Transpo bus and Via Rail train, according to the city.

The city, whose insurer is handling the lawsuits on behalf of the municipality, has settled the 18 lawsuits for a combined $3.2 million.

The total claimed damages in the 39 lawsuits is about $29 million. Deputy city solicitor David White said the city can’t disclose individual amounts, for confidentiality reasons.

The total damages claimed could be adjusted as the cases proceed and the figure includes matters already concluded, White noted.

When the city had settled 17 lawsuits by the end of last April, the total amount paid out was about $2.9 million, which means the 18th settlement would have added another $300,000 to the tally.

The bus driver and five bus passengers died Sept. 18, 2013, when the double-decker collided with the train at the rail crossing on the Transitway near Woodroffe Avenue in Barrhaven. Another 34 bus passengers were injured in the crash. No one on the train was hurt.

After an investigation, the Transportation Safety Board, last December, concluded there wasn’t one factor that caused the tragedy. The TSB said bus speed, braking technique, road configuration and driver distraction from a video monitor might have contributed to the crash.

The city is working on a feasibility study with Via on grade-separated rail crossings at Woodroffe Avenue, Fallowfield Road, Merivale Road and Jockvale Road.

The TSB also called on Transport Canada to address guidelines for grade separation, crashworthiness of buses, distracted driving and vehicle data recorders.

Last April, TSB chair Kathy Fox said, “Transport Canada’s research, review and consultation must lead to concrete action in a timely manner.”