Avayah Toulon's family sues driver, criticizes police over handling of fatal collision

The family of four-year-old AvayahToulon, who was struck and killed at a Bowness intersection in May, is suing the driver of the truck that hit her and calling outthe Calgary police for initially saying no one was at fault in the crash.

In a public statementthe day after the collision, police described it as an unfortunate accident that didn'tappear to be the driver's fault.

This week, however, police announced charges against a38-year-old Calgary womanwho they said wasbehind the wheel of the F-150 that hit Avayah.

• Younggirl killed atBownessintersection
• Driver charged in Bowness crash that killed 4-year-old girl

She faces two counts under the Traffic Safety Act:careless driving and operating an uninsured motor vehicle.

Avayah's father Craig Toulon said the fact the driver wasn't charged under the Criminal Code of Canada is "unacceptable and regrettable."

"I am aware that in Canada the lawrarely makes traffic fatalities a criminal matter in the absence of drug or alcohol use," he told reporters, alongside his lawyer, on Thursday.

"I maintain that the negligent driving of a motor vehicle that results in death should be criminalized in certain circumstances and that the facts in this case do warrant criminal charges."

The Toulon family also released a statement of claim they have filed in civil court against the woman and an unnamed manthey allege was in the truck at the time of the crash and may have switched seats with her following the collision.

The lawsuit seeks hundreds of thousands of dollars in damages for each of sevensurviving family members.

The statement of claim alleges "gross negligence" on behalf of the defendants for driving at an "unreasonable" speed through an intersection where numerous children were crossing the street, among other allegations.

None of the allegations has been proven in court.

A statement of defence has not yet been filed, according to a court-record search on Thursday.

Craig said Avayah was killed just a block from the family's homein Bowness, when they were on their way back from a walk along the Bow River.

The large group and the family dog were walking southbound along 79th Street N.W. around 8 p.m. on May 6 and were in the process of crossing the intersection with 47th Avenue when Avayah was hit by the westbound driver, according to police.

"Witnesses had stated that the female driver of the FordF150had initially stopped and then slowly proceeded through the intersection at the same time that the child ran across 47th Street into the path of the vehicle," police said in a release on Wednesday, announcing the charges.

According to the family, Avayahand four of her siblings werewalking just ahead of their parents as they approached the intersection.

"All children had stopped at the curb and waited for their mother's permission to cross. They are all aware of road safety," Craig said.

"They walked slowly across the road in single file, Avayah walking last in front of us. I turned momentarily and heard my wife screaming. I turned back and saw the truck hit my poor Avayah."

The family also challengedthe initial description of events from police, saying it falsely "claimed that Avayah's mother had waved at the driver indicating that the intersection was clear of pedestrians."

Craig said the police spoke publicly about the details of thecrash "before the investigating officers had obtained statements from me and my wife, the primary witnesses to the collision."

Calgary police declined to comment Thursday in response to the Toulonfamily's statement.