Survivors of Alberta Fatal Tour Bus Crash File Lawsuits

By Anne Bucher | October 8, 2020

Category: Legal News

Seven Canadians who survived a fatal bus crash this summer in Jasper National Park have filed a lawsuit seeking to hold the tour bus operators accountable for allegedly failing to ensure the bus was safe.

The fatal bus crash occurred on July 18 when a glacier sightseeing bus carrying 27 people went off the road on the Columbia Icefield. Three people were killed in the rollover and 14 others reportedly sustained life-threatening injuries.

“The Tour Bus was traveling on the road to the Athabasca Glacier when it lost control and rolled about 50 metres down a moraine embankment before coming to a rest on its roof, causing the Plaintiffs to sustain serious, grievous, permanent and catastrophic personal injuries,” the Alberta tour bus crash lawsuit states.

The Alberta bus crash lawsuit was initially filed on Sept. 10.

The defendants named in the Alberta bus crash lawsuit include Brewster Travel Canada Inc., Viad Corp., Glacier Park Inc., Brewster Inc., Brewster Tours, and Banff-Jasper Collection Holding Corp. The unidentified driver and an unidentified employee of one of the tour bus operators are also listed in the lawsuit.

Lawsuit: Alberta Bus Operators Failed to Ensure Bus Safety

According to the Alberta tour bus lawsuit, the defendants failed to ensure that the bus was safe for passengers. Namely, the lawsuit alleges that the operators failed to provide seatbelts, failed to properly inspect the vehicle, failed to properly train drivers, and employed a driver who acted recklessly.

These deficiencies contributed to the fatal bus crash, the lawsuit alleges.

Plaintiff Sweta Patel says she is suffering from “devastating mental and physical injuries,” including a C1 fracture in her neck that could be permanent.

“I have over 20 fractures and the pain that I go through every day — it’s not easy,” Sweta says. Her husband was reportedly also injured in the tour bus rollover.

“Financially, we are also struggling at a time when there is extra economic uncertainty across the county.”

Sweta says her life is now filled with appointments with doctors and lawyers. Lawyer Basil Bansal of Diamond and Diamond LLP says the injured plaintiffs have struggled to have their medical treatments covered through the tour bus company.

Although the plaintiffs reside in the High Prairie and Whitecourt areas, they have reportedly been advised to remain in Edmonton in order to have better access to treatment.

Plaintiffs Seeking Damages for Injuries, Other Losses

In addition to suffering serious injuries in the Alberta tour bus crash, some of the plaintiffs also say that they lost loved ones in the crash and are seeking damages for bereavement, loss of future financial support, grief counseling, and funeral expenses.

The plaintiffs are seeking compensation for a variety of individual damages, including general damages, future loss of income, loss of housekeeping capacity, cost of future care, future loss of earning capacity, and punitive damages.

Alberta Tour Bus Crash Class Action Lawsuit Filed in August

Many of the defendants are also facing a class action lawsuit Canada accusing them of acting recklessly and unreasonably with regard to the tour bus operation that resulted in the fatal rollover crash.

“The defendants knew or ought to have known that there was a significant risk to the plaintiff and class members and that the accident was a reasonably foreseeable result of failing to take adequate measures to prevent such incidents,” the Alberta tour bus crash class action lawsuit alleges.

“The accident was caused solely by the negligence, gross negligence, or intent of the defendants,” the class action lawsuit continues.

Plaintiff Devon Ernest, 22, went on the bus tour with his girlfriend and his cousin. His girlfriend reportedly died at the scene of the rollover crash. Devon reportedly suffered a concussion, fractured wrist and lacerations on his head and hands.

“Someone was at fault,” Devon told the Canadidan Press. “I don’t know how this happened.”

The Alberta tour bus crash class action lawsuit says that the tour bus operator lost control of the bus when traveling down a steep incline.

“The operator of the tour bus, the defendant Jane Doe, attempted to brake, but was unable to reduce the speed of the tour bus,” the class action lawsuit states. “The tour bus lost traction with the road. The front tires then approached the embankment and then went over the embankment.”

What do you think about the Alberta tour bus crash class action lawsuit? Should the crash survivors receive compensation for the alleged negligence? Tell us your thoughts in the comment section below!

The plaintiffs are represented by Basil Bansal of Diamond & Diamond Lawyers LLP.

The Alberta Tour Bus Lawsuit is Surajkumar Patel, et al. v. Brewster Travel Canada Inc., et al., Case No. 2003 14122, in the Court of Queen’s Bench of Alberta, Canada.