First responders work to clean up the scene of a school bus crash on Merlin Rd. just west of Chatham. March 26, 2018. (Photo by Matt Weverink)First responders work to clean up the scene of a school bus crash on Merlin Rd. just west of Chatham. March 26, 2018. (Photo by Matt Weverink)
Chatham

Lawsuit Pending After Chatham Bus Crash

A Chatham family is considering a lawsuit against a Chatham bus company involved in a roll over at the end of March.

Family Lawyer Steven Wilder says a 13-year-old female student on the bus at the time of the crash on Merlin Rd. just south of Riverview Line on March 26 suffered spinal injuries and will have a long road to recovery.

"Obviously the hope is for any client or for anyone involved in an accident is that they do get better and get back to everything they were doing before and back to health but unfortunately for a large number of people who have been in an accident, they do not make the full recovery," says Wilder, adding he is not prepared to release any names at this point.

The bus driver, an 82-year-old man from Chatham, was charged with careless driving.

The bus was carrying four students, but no other serious injuries were reported.

Wilder says he's investigating the crash and the injuries to determine if the lawsuit should go ahead.

"Those situations where they don't get back to health and haven't recovered, those are situations where it's appropriate to proceed with a lawsuit because the criteria to sue in Ontario is you have to prove that you have a serious and permanent impairment," he says.

Wilder says he has two years from the date of the crash to file the lawsuit but the potential payout is far less than American lawsuits.

"Injuries are capped in Canada. Generally speaking the most that an individual can recover for pain and suffering is around $370,000 or $375,000 and that's the absolute maximum," Wilder says.

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