TORONTO — When Rachel Turner left home on Oct. 9 of last year, her family couldn't have imagined that they would never get to speak to her again.
A devastating phone call brought them to hospital after the 22-year-old was struck by a school bus while crossing the street in Toronto’s east end that afternoon, and they sat by her side for days "watching our daughter die," her mother Susan Turner said.
They later held a celebration of life where Rachel's father, Leon Turner, gave a speech "that was supposed to be the speech he would make when she got married," she said. Then came her birthday, when Rachel would have turned 23, and the holidays — all without her, her mother said.
"The last three months have just been hell, and no one would ever understand that, unless you lost a child," Susan Turner said. "And (the pain) doesn't go away, it's the rest of our lives that we will have this."
Now, with the driver facing criminal charges, the family is taking its own legal action against him and the company providing school transportation in an effort to ensure no one else experiences the same overwhelming loss.
In a lawsuit filed on Thursday, Rachel's parents, siblings and grandparents allege both the 60-year-old driver and FirstCanada ULC, which operates under the name First Student Inc., were negligent, creating "a situation of danger from which Rachel, despite all reasonable efforts and precautions, was unable to extricate herself."
Neither the civil allegations nor the criminal charges — dangerous driving causing death and careless driving causing death — have been tested in court.
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 also aware of the lawsuit and is reviewing the statement of claim, Rudisill said in an email.
She declined to comment further, citing the ongoing investigation and court case.
For the Turner family, the lawsuit is about accountability, Leon Turner said.
"We want answers, and we want to try to make changes so that nobody is talking ... about this issue again," he said.
Rachel was crossing the street at around 4 p.m. when she was hit by a turning school bus. The lawsuit alleges she was knocked to the ground by the bus's side mirror and then run over.
The claim alleges the driver made a left turn when it wasn't safe or appropriate to do so and he didn't have the right of way. The lawsuit alleges he was driving recklessly and too fast, and wasn't in a condition to get behind the wheel due to health concerns or prescribed medication.
"Notwithstanding advice from various health professionals not to drive or to drive only under limited circumstances, he disregarded this advice and drove in any event," the document alleges.
The lawsuit alleges the company allowed an "inexperienced or incompetent" driver to operate the school bus, and failed to sufficiently train the driver or ensure he had the proper licence for the vehicle.
The company is also alleged to have known about "prior knockdowns" involving the driver and others, and failed to take disciplinary action or implement more safety measures.
The company didn't act on recommendations made by safety experts and task forces, nor did it install safety features such as automatic emergency braking or folding side mirrors, the document alleges.
"If they'd had collapsible mirrors, then we wouldn't be talking (about this) right now," Leon Turner said.
Rachel had a bigger impact on those around her than even her family realized at first, her father said, recalling some of the tributes he heard at her memorial and after.
"She was a very bright, intelligent, creative, headstrong, adventurous, compassionate girl that deserved more. She did a lot in her short time," and would have led the charge in calling for safety measures if it had been one of her siblings who was struck, he said.
"She should have had another 60 years," her mother added.
This report by The Canadian Press was first published Jan. 25, 2025.
Paola Loriggio, The Canadian Press
