2008 Bathurst van collision
Encyclopedia
The Boys in Red accident was a January 12, 2008 collision just outside the city of Bathurst, New Brunswick
Bathurst, New Brunswick
Bathurst is a Canadian city in Gloucester County, New Brunswick.Bathurst is situated on Bathurst Harbour, an estuary at the mouth of the Nepisiguit River at the southernmost part of Chaleur Bay....

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, between a semi-trailer truck
Semi-trailer truck
A semi-trailer truck, also known as a semi, tractor-trailer, or articulated truck or articulated lorry, is an articulated vehicle consisting of a towing engine , and a semi-trailer A semi-trailer truck, also known as a semi, tractor-trailer, or (in the United Kingdom and Ireland) articulated truck...

 and a van carrying the basketball
Basketball
Basketball is a team sport in which two teams of five players try to score points by throwing or "shooting" a ball through the top of a basketball hoop while following a set of rules...

 team from Bathurst High School. The accident killed seven students and a teacher and injured four other occupants in the van. It was the deadliest transportation accident in New Brunswick since 1989, when a logging truck tipped onto a hayride
Cormier Village hayride accident
The Cormier Village hayride accident refers to an accident that occurred in the Canadian rural community of Cormier Village, New Brunswick, west of Cap-Pelé and east of Shediac....

 in Cormier Village
Cormier Village, New Brunswick
Cormier Village is a Canadian rural community located in Westmorland County, New Brunswick. It is administratively part of the Municipality of Beaubassin East....

, killing 13.

The accident was followed by a national day of mourning
Day of Mourning
The Day of Mourning was a day of protest held by Aboriginal Australians on 26 January 1938, the sesquicentenary of British colonisation of Australia...

 in Canada, and a ban on all E350 Ford Club Wagon type vehicles being used for student transport
Student transport
Student transport is the transporting of children and teenagers to and from schools and school events. School transport can be undertaken by school students themselves , they may be accompanied by family members or caregivers, or the transport may be organised collectively, using buses or...

 in New Brunswick. Two investigations, one by the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 (RCMP) and the other by Transport Canada
Transport Canada
Transport Canada is the department within the government of Canada which is responsible for developing regulations, policies and services of transportation in Canada. It is part of the Transportation, Infrastructure and Communities portfolio...

, found that the cause of the disaster was a combination of poor road conditions, lack of proper snow tires, and possible driver error. Pressure from the public and victims' families prompted the chief coroner of the province to launch an inquiry, which produced recommendations to improve student transport safety in New Brunswick. The provincial government agreed with the majority of the suggestions and has since enacted many of them.

Accident

Deaths
1. Javier Acevedo, age 17
2. Codey Branch, age 17
3. Nathan Cleland, age 17
4. Justin Cormier, age 17
5. Daniel Hains, age 17
6. Nick Kelly, age 15
7. Elizabeth "Beth" Lord, age 51
8. Nickolas Quinn, age 16


The accident occurred on New Brunswick Route 8
New Brunswick Route 8
Route 8 is an important highway link between northern and southern New Brunswick, Canada. 255 kilometres long, it runs from Fredericton to Bathurst via Miramichi.-Route description:...

 shortly after midnight on January 12, 2008, when the team coach was driving the Bathurst High School basketball team northward back from a game in Moncton against the Moncton High School Purple Knights in an E350 Ford Club Wagon. Light freezing rain
Freezing rain
Freezing rain is the name given to rain that falls when surface temperatures are below freezing. The raindrops become supercooled while passing through a sub-freezing layer of air, many hundred feet , just above the surface, and then freeze upon impact with any object they encounter. The resulting...

 and low visibility created poor, slippery driving conditions. As the van approached the Bathurst city limits
City limits
The terms city limits and city boundary refer to the defined boundary or border of a city. The area within the city limits is sometimes called the city proper. The terms town limits/boundary and village limits/boundary mean the same as city limits/boundary, but apply to towns and villages...

, the coach lost control and veered in front of a southbound semi-trailer truck. The truck collided with the side of the van and the two vehicles came to rest on the shoulder
Shoulder (road)
A hard shoulder, or simply shoulder, is a reserved area by the verge of a road or motorway. Generally it is kept clear of motor vehicle traffic...

 of the southbound lane of the highway approximately 40 metres (131.2 ft) from the point of impact.

The police officer who discovered the wreck initially suspected that only the semi had gone off the road. After further investigation, he found the van and called for emergency services, whose arrival was delayed by freezing rain
Freezing rain
Freezing rain is the name given to rain that falls when surface temperatures are below freezing. The raindrops become supercooled while passing through a sub-freezing layer of air, many hundred feet , just above the surface, and then freeze upon impact with any object they encounter. The resulting...

. The rear wall and a large portion of the right-hand side of the van, including three rows of seats
Car seat
A car seat is the chair used in automobiles. Most car seats are made from inexpensive but durable material in order to withstand as much use as possible.-Ergonomy: Lumbar and thigh support:...

, had been torn away, ejecting several occupants. Seven players and the wife of the team coach were pronounced dead at the scene. The coach, his daughter and the two other players survived the accident and were rushed to Chaleur Regional Hospital in Bathurst. Of the injured, one was listed in critical condition, and two in stable. The fourth was released shortly after the accident. The driver of the truck was not injured.

Reaction

The accident was met with grief and condolences from New Brunswick and around Canada.

John McLaughlin, School District 15
New Brunswick School District 15
School District 15 is a Canadian school district in New Brunswick.District 15 is an Anglophone district operating 14 public schools in Restigouche and Gloucester Counties.Current enrollment is approximately 4,000 students and 280 teachers...

 Superintendent, stated that the community of Bathurst was in a state of shock and mourning. McLaughlin also noted that the coach held the appropriate license to drive the vehicle and that there were no laws or regulations in the province which regulated team transportation in the event of poor weather. He also added:
That's really hard because you have to gauge the weather each time you have to make a decision. As for what happened last night, I can't comment. I don't have that information. But in general, our people take great care in making decisions based on the information that they have at the time.
Premier Shawn Graham
Shawn Graham
Shawn Michael Graham, MLA is a New Brunswick politician, who served as the 31st Premier of New Brunswick. He received a Bachelor of Physical Education Degree in 1991 and a Bachelor of Education Degree in 1993, he worked for New Brunswick's civil service before being elected to the Legislative...

 said "I just want to extend sympathies to the affected families. This is a tragic situation for the community of Bathurst and our province." Prime Minister of Canada Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

 said the incident had "shocked the nation" and called for a day of mourning
National day of mourning
A national day of mourning is a day marked by mourning and memorial activities observed among the majority of a country's populace. They are designated by that nation's government...

. Valery Vienneau, Bishop of Bathurst, read a message on behalf of Pope Benedict XVI
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...

 stating: "[The Pope] expresses sentiments of deep sympathy and spiritual closeness to the members of their families and to all staff and students who have been touched by this tragedy. The Pope assures all concerned of his prayers for those who died and for their families."

On January 16, all sports-related extracurricular activities
Extracurricular activity
Extracurricular activities are activities performed by students that fall outside the realm of the normal curriculum of school or university education...

 in New Brunswick were cancelled. Services were held across the country. Some schools asked students to wear red and black, the colours of Bathurst High School. The funeral for the seven deceased players was held in Bathurst at the K.C. Irving Civic Centre, which was filled with 6,000 people. An additional 3,500 mourners filled the adjacent rink to watch the service on a widescreen television. Elizabeth Lord's private funeral followed the next day.

Investigation

Both the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 (RCMP) and Transport Canada
Transport Canada
Transport Canada is the department within the government of Canada which is responsible for developing regulations, policies and services of transportation in Canada. It is part of the Transportation, Infrastructure and Communities portfolio...

 conducted investigations on the accident. The RCMP released its report on July 29, 2008. The report stated that the van would not have passed a safety inspection at the time of the accident because of rust
Rust
Rust is a general term for a series of iron oxides. In colloquial usage, the term is applied to red oxides, formed by the reaction of iron and oxygen in the presence of water or air moisture...

 in its body, worn all-season tires, and faulty brakes. None of these factors could be identified as the sole cause of the accident, but the report noted that "together, they certainly contributed". The report added that speed was not a factor in the crash, as the van was only travelling about 73 kilometres per hour (45.4 mph) and the truck at approximately 80 kilometres per hour (49.7 mph) at the time of impact, both of which were well below the posted limit of 100 kilometres per hour (62.1 mph). The van had been inspected on October 29, 2007, just over two months prior to the collision, and was four months away from its next inspection. The report resulted in public questioning of New Brunswick's motor vehicle inspection program.

Transport Canada released its report on July 30, 2008. It blamed weather conditions, but also focused on driver fatigue and driver error. It cited several breaches of provincial law regarding the operation of commercial vehicles. The coach had been on duty for sixteen hours when the collision happened, contravening the law that one cannot drive if they have been working more than fourteen consecutive hours. The report also identified inadequate pre-trip inspections and log book keeping, and the lack of a contingency plan
Contingency plan
A contingency plan is a plan devised for an exceptional risk which is impractical or impossible to avoid. Contingency plans are often devised by governments or businesses who want to be prepared for events which, while highly unlikely, may have catastrophic effects. For example, suppose many...

 in the event of poor weather. Transport Canada stated that although they put an added emphasis on some factors, their report was consistent with the RCMP's. They concurred that the vehicle would have failed an inspection in its pre-collision state because of worn tires and brakes.

Six of the dead were not wearing seat belt
Seat belt
A seat belt or seatbelt, sometimes called a safety belt, is a safety harness designed to secure the occupant of a vehicle against harmful movement that may result from a collision or a sudden stop...

s, while a seventh was not properly restrained. Frank Wilson, a collision analyst and lead Transport Canada
Transport Canada
Transport Canada is the department within the government of Canada which is responsible for developing regulations, policies and services of transportation in Canada. It is part of the Transportation, Infrastructure and Communities portfolio...

 investigator, later suggested that seat belts most likely would not have saved the victims' lives. Randy Arseneau credits the fact that his son, Bradd Arseneau, was not wearing his seatbelt for Bradd's survival, saying that if Bradd had not been thrown to the floor just before the collision he may also have died.

Aftermath

Following the accident New Brunswick immediately halted the use of 15 passenger vans and began a thorough review of transportation policy; many other provinces later did the same. At the time of the tragedy only Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...

 had a ban on 15 passenger vans, following an accident in 1984.

Many at Bathurst High School speculated that its senior varsity basketball team would not be able to continue after the crash. Only five team members team remained, including three students who did not go to Moncton because of illness. Despite this, the Bathurst Phantoms' basketball team defeated the Campobello Vikings 82–50 to win the Provincial AA championship a year later.

Recommendations

On August 26, 2008, a government working group presented New Brunswick Education Minister Kelly Lamrock
Kelly Lamrock
Kelly Lamrock is a Canadian lawyer and politician in the province of New Brunswick, Canada. He was a Liberal member of the Legislative Assembly of New Brunswick for Fredericton-Fort Nashwaak, and Minister of Social Development in the New Brunswick cabinet.-Before politics:Kelly Lamrock was born...

 with eight recommendations for extracurricular transportation. The recommendations included that guidelines for transporting students to school-related extracurricular activities be strengthened, that a school bus
School bus
A school bus is a type of bus designed and manufactured for student transport: carrying children and teenagers to and from school and school events...

 be used when transporting ten or more students, that vehicles be equipped with snow tires if travelling between October 15 and April 30, and that the district superintendent be charged with responsibility for ensuring safe transportation of students to and from extracurricular activities. Lamrock initially suggested that schools voluntarily follow the recommendations, though they were later made into enforceable policy.

One major effect of the recommendations is that, as of November 2008, it is mandatory that all vehicle operators who intend to use their vehicles to transport students between extracurricular activities be covered by a Third Party Liability
Liability insurance
Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he or she is sued for claims that come within the coverage of the insurance policy...

 and Accident Benefit policy. These policies must be in the amount of no less than CAD$1 million for vehicles with a capacity of fewer than 10 passengers, and no less than CAD$5 million for vehicles with a capacity of 10 or more. This also applies to parents driving others' children to school related extracurricular activities.

The changes were met with critical reception in the province. Many students are now required to pay higher sports fees to cover higher transportation costs. Some schools do not have access to approved vehicles because the Education Act prohibits schools and school district
School district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...

s from owning vehicles. To get around this they use corporate entities to operate vehicles for extracurricular activities. These require money to buy new vehicles and the required insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...

, which often requires schools to conduct extra fundraising
Fundraising
Fundraising or fund raising is the process of soliciting and gathering voluntary contributions as money or other resources, by requesting donations from individuals, businesses, charitable foundations, or governmental agencies...

.

Responsibility

On November 12, 2008, the RCMP ruled out laying criminal charges in relation to the accident. It stated that the finding had been reviewed by a Crown prosecutor
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...

 and that no wrongdoing was found. The families of two of the deceased expressed disapproval of the decision and indicated that they may bring a lawsuit against several of the involved parties, though others have publicly stated that they accepted the decision. The chief coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...

 of the province stated that a provincial inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...

 was possible, though it would take some time to come to any decision on the matter. No decision on whether or not to have an inquest was made for over a month.

Two families accused the Department of Public Safety of "dragging its feet". These families stated that they wanted a "Van Angels" law that would require any driver taking students outside of their community to possess a Class 2 driver's license. They also wanted a weather law that would prevent students from travelling outside of their communities during severe weather
Severe weather
Severe weather phenomena are weather conditions that are hazardous to human life and property.- Examples Include :Severe weather can occur under a variety of situations, but three characteristics are generally needed: a temperature or moisture boundary, moisture, and , instability in the...

. Ana Acevedo and Isabelle Hains, mothers of two of the deceased, went so far as to launch a website, vanangels.ca, which is dedicated to the memory of their sons and contains a blog related to the accident formerly included a petition to hold an inquest.

On December 17, 2008, Greg Forestell, the province's acting chief coroner, called for an inquiry into the accident, stating that "[t]he inquest gives us the opportunity to pull all those facts together in a comprehensive manner and look at the issues in their entirety and have the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 make recommendations for prevention." The decision was met with much approval from the victims' families. The inquest began on May 4, 2009 and lasted until May 14. It included testimony from survivors, experts, and provincial officials. The inquest did not blame anyone directly for the accident, but the jury returned 24 recommendations. Kelly Lamrock stated that the province intended to implement the "vast majority" of these recommendations and that a third of them had already been initiated.

Atlantic Wholesalers Limited and Loblaws lawsuit

On December 22, 2009 Atlantic Wholesalers Limited and Loblaws
Loblaws
Loblaws is a supermarket chain with over 70 stores in Canada, headquartered in Brampton, with stores across Ontario and Quebec. Loblaws is a division of Loblaw Companies Limited, Canada's largest food distributor...

 filed a joint claim against the coach and Bathurst Van Inc. In the lawsuit the plaintiffs complained that negligence on behalf of the defendants was responsible for the crash. Atlantic Wholesalers and Loblaws argue that they are owed $40,667.86 in damages, and an additional $847.50 to cover the clean-up costs. On January 8, 2010, Loblaws dropped the suit for unspecefied reasons after enormous public backlash with numerous persons calling for a boycott of the chain.

Memorial

A memorial for the victims was unveiled on June 6, 2008, at Bathurst High School. An archway with a basketball net was placed in a courtyard behind the school. The memorial was funded by money donations. A temporary memorial at the crash site consisting of two basketball nets and flowers was also erected, and one of the nets featuring pictures of the players remained there as of April 2010.

See also



External links

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